Armed Forces Tribunal Appeal Decision: Case of Ex. LAC Yogesh Pathania

The case of Ex. LAC Yogesh Pathania versus Union of India & Others was an appeal before the Supreme Court, challenging the findings and sentence awarded by the District Court Martial (DCM) and the subsequent rejection of his statutory complaint. The case revolved around allegations of misconduct, insubordination, and disciplinary violations within the Indian Air Force.

Background of the Case

The appellant, an airman, was involved in a disciplinary incident at 405 Air Force Station on the night of May 22-23, 2009. The situation escalated when Module II airmen trainees and Accounts Conversion Course trainees engaged in a dispute over a television channel change, leading to disorderly conduct. The appellant was later accused of inciting an unruly gathering and using insubordinate language towards superior officers.

Charges Against the Appellant

• Under Section 40(c) of the Air Force Act, 1950: Using insubordinate language towards his superior officer.
• Under Section 40(a) of the Air Force Act, 1950: Using criminal force against a superior officer.
• Under Section 65 of the Air Force Act, 1950: Engaging in conduct prejudicial to good order and Air Force discipline.

Petitioner’s Arguments

The appellant contended that the evidence against him was misread and that the prosecution witnesses’ statements were inconsistent. He further argued that he was a victim of physical aggression by his superior officer, which led to the events in question.

Respondent’s Arguments

The prosecution provided testimony from multiple witnesses, confirming that the appellant had acted against Air Force regulations. The Tribunal found substantial evidence proving his misconduct, justifying the DCM’s decision.

Supreme Court’s Decision

The Supreme Court upheld the Tribunal’s ruling, affirming that the appellant’s appeal did not raise any point of law of general public importance, and therefore, it was dismissed.

This judgment reinforces the importance of maintaining discipline within the Armed Forces and the limited scope for appeal under the Armed Forces Tribunal Act.

Petitioner Name: Ex. LAC Yogesh Pathania.
Respondent Name: Union of India & Others.
Judgment By: Justice Dr. Dhananjaya Y. Chandrachud, Justice Hemant Gupta.
Place Of Incident: 405 Air Force Station.
Judgment Date: 08-01-2019.

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