Air Force Tribunal Case: Supreme Court Grants Compensation for Unfair Punishment

The case of S.P. Pandey vs. Union of India & Ors. revolves around a disciplinary action taken against an Indian Air Force officer for an incident that occurred at a railway crossing. The appellant, S.P. Pandey, challenged the order of admonition issued against him and sought compensation for the wrongful treatment he endured. While the Armed Forces Tribunal had earlier quashed the punishment, the appellant approached the Supreme Court seeking damages for the unfair ordeal he faced.

Background of the Case

The appellant, S.P. Pandey, was enrolled in the Indian Air Force in 1997 as an Airman in the trade of Radar Fitter. At the time of the incident, he was posted at 333 TRU C/o 5 FBSU, Air Force. The controversy stemmed from an event that occurred on May 17, 2010, at around 2:20 PM when the appellant was returning home from duty.

The appellant was waiting at a railway crossing in a civil area that was closed for an approaching train. Instead of waiting in line, he overtook other vehicles and parked his motorcycle at the front of the gate. This was noticed by Squadron Leader (Respondent No. 7), who confronted the appellant and, exercising his authority, confiscated the motorcycle keys and directed him to park the vehicle in the Guard Room. A heated argument followed, during which the appellant allegedly used insubordinate language.

Respondent No. 7 ordered the appellant’s immediate arrest and informed the Commanding Officer. A charge sheet was drawn for the following offenses:

“Violation of good order and Air Force Discipline”
“Use of insubordinate language to a superior officer”

Proceedings Before the Air Force Authorities

On May 18, 2010, the Officiating Commanding Officer conducted a trial and passed an order of Admonition against the appellant. However, respondent No. 4 (Station Commander, 5 FBSU) sought to expunge the punishment entry and proceed with a fresh trial, citing procedural lapses under Section 83 of the Air Force Act, 1950.

The appellant filed a statutory complaint on May 24, 2010. Following this:

A formal investigation was conducted, concluding that the allegations against respondent No. 7 were false.
On June 23, 2010, the appellant was assured that the punishment entry would be expunged.
On June 24, 2010, an official order expunged the punishment and removed the entry from service records.

Despite these assurances, the authorities proceeded de novo with a fresh trial, resulting in a second Admonition order on January 18, 2011. The appellant appealed, but his representation was rejected on April 28, 2011, and his final appeal to the Chief of Air Staff was also dismissed.

Tribunal’s Ruling

Aggrieved, the appellant approached the Armed Forces Tribunal, which quashed the punishment, stating:

“From the sequence of events on record, it is evident that the entire episode got triggered by the fact that in a civil area, the petitioner, like many other motorcyclists, had overtaken a queue of vehicles near a railway crossing. While this may be a minor infraction, it did not warrant the excessive reaction of the superior officer.”

The Tribunal noted:

The incident was trivial and did not warrant severe disciplinary action.
The superior officer’s actions, including forceful confiscation of the motorcycle keys and placing the appellant in custody, were excessive.
There was a clear indication of vindictiveness in the handling of the case.
The appellant was assured in writing that the punishment would be removed, but despite this, a second trial was initiated.

As a result, the Tribunal set aside the Admonition order dated January 18, 2011 and other related orders. However, it denied compensation to the appellant.

Supreme Court’s Observations

The appellant challenged the Tribunal’s decision in the Supreme Court, seeking monetary compensation for the distress and unfair treatment he endured.

The Supreme Court made the following key observations:

The appellant’s 14-year service record was unblemished before the 2010 incident.
The disproportionate actions taken against him caused him undue hardship.
The matter was escalated unnecessarily, and the second trial was initiated in a manner that suggested vindictiveness.
Institutions must maintain a sense of proportionality in disciplinary actions.
A simple intervention by a senior officer could have resolved the issue, but instead, the matter was allowed to drag into prolonged litigation.

The Court remarked:

“Small excesses like overtaking a senior’s vehicle at a railway crossing may be an incident of indiscipline in defense services, but the balance and proportion that needs to be maintained between such an infraction and its punishment will always be at the core of good governance.”

Final Judgment

Taking into account the findings of the Tribunal and the undue distress suffered by the appellant, the Supreme Court:

Granted compensation of Rs. 1 lakh to the appellant.
Directed the amount to be paid within 30 days from the date of the order.
Emphasized the need for a balanced approach in handling disciplinary matters.

Conclusion

The Supreme Court’s ruling in S.P. Pandey vs. Union of India & Ors. underscores the importance of proportionality in military discipline. While the Armed Forces require strict adherence to rules, authorities must ensure that their actions are fair and just.

This judgment serves as a reminder that institutional discipline should not lead to harassment, and those wronged by excessive disciplinary measures have the right to seek legal recourse and compensation.

Petitioner Name: S.P. Pandey.
Respondent Name: Union of India & Ors..
Judgment By: Justice Pamidighantam Sri Narasimha, Justice Sandeep Mehta.
Place Of Incident: Jaipur, Rajasthan.
Judgment Date: 21-10-2024.

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