The Supreme Court on Wednesday revoked the order of wrongful termination from service of a former Indian Air Force official passed more than three decades ago and restored his honour in a case regarding the alleged use of criminal force against a junior fellow.
A bench of Justices Dipankar Datta and K V Viswanathan found that disproportionate punishment was given to ex-squadron leader R Sood on September 22, 1993 while his commanding officer, a wing commander rank officer whose order Sood followed, was let off leniently.
"...justice demands that the ignominy with which the appellant (Sood) had to survive the past more than three decades is obliterated, the wrongful termination of his service be revoked and his honour restored," the bench said, adding, "The order of dismissal from service dated September 22, 1993 stands set aside." The bench said that since Sood, having since crossed the age of superannuation, cannot be reinstated in service but in law, was entitled to claim all consequential service benefits which would have accrued to him, had he not been fastened with such illegal order of dismissal.
"Appellant could not work beyond September 22, 1993 admittedly because of the illegal order of termination and not owing to any fault on his part," the bench noted and directed that arrears of salary and allowances to the extent of 50 per cent from September 23, 1993 till the scheduled date of his retirement from service be given alongwith notional promotion, for which the appellant's case may be placed before the Review Departmental Promotion Committee according to the governing rules for consideration.
It said pensionary benefits and other benefits should be given to him with interest."Irrespective of service benefits, restoration of honour remains the foremost concern of defence personnel. We restore it with the direction that on a date to be fixed by the Chief of Air Staff, the appellant shall be signed off in the normal manner he would have otherwise been entitled to, but for the order of dismissal," the bench ordered, and said that all the directions be complied with within a period of three months.
It set aside the order of the high court which upheld the disciplinary proceedings against Sood.Finding fault with the order of termination of service, the bench said Sood's superior officer was visited with the penalty of "severe displeasure for three years" whereas he was ordered to be dismissed from service.It said the court finds it imperative to bear in mind that queries were repeatedly raised as to the rationale for imposing such a comparatively lenient punishment upon the senior officer while punishing the appellant with dismissal.
"The punishment of 'displeasure' was imposed on the Wg. Cmdr. before he had superannuated. It is not for us to question the Government, in the course of these proceedings, why the Wg. Cmdr. was let off leniently; however, the question that certainly looms large is why was the appellant singled out for a harsher punishment despite his discharge from the criminal case?" the bench said.
The incident occurred in 1987, at the time when Sood was posted as 'Senior Operation Officer' in a remote village in the Thar desert and stationed in a building belonging to the General Reserve Engineer Force (GREF).
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