L. Nageswara Rao, J. - (1.) These Appeals are filed against the judgment of the Armed Forces Tribunal, Regional Bench, Lucknow (hereinafter, 'the Tribunal') by which the order of discharge of the Respondent dated 17.01.2013 was set aside. The Tribunal directed the payment of back wages to the extent of 25 per cent.
(2.) The Respondent was enrolled in the Indian Air Force on 28.09.2004. A warning was issued to the Respondent on 18.04.2012. By that time, there were seven entries of punishment (3 Red Ink and 4 Black Ink) in the Conduct Sheet of the Respondent. The Respondent was informed by the said letter dated 18.04.2012 that he was already in the category of habitual offender. In accordance with the Habitual Offenders Policy, the habitual offenders can be considered for discharge from service under Rule 15 (2) (g) (ii)/ Rule 15(2)(k) read in conjunction with Rule 15(2) of the Air Force Rules, 1969 (hereinafter, 'the Rules'), under the Clause "His Service No Longer Required Unsuitable for Retention in the Air Force". The Respondent was cautioned and counselled to mend himself and desist from acts of indiscipline. He was also warned that any addition of another punishment entry would render him liable for discharge from service under Rule 15 (2) (g)(ii)/ Rule 15(2) (k) read in conjunction with Rule 15(2) of the Rules.
(3.) A notice was issued to the Respondent on 11.07.2012, directing him to show cause as to why he should not be discharged from service under Rule 15 (2) (g) (ii) of the Rules. There was a reference to the warning letter dated 18.04.2012 in the show cause notice. Even after the issuance of the warning letter dated 18.04.2012, the Respondent indulged in acts of indiscipline on 10.06.2012 and was awarded 'Severe Reprimand' on 13.06.2012 by his Commanding Officer. As the Respondent was not showing any improvement, he was found to be a poor Airman material and not amenable to service discipline. The Respondent submitted his explanation on 05.08.2012 in which he admitted that he had indulged in acts of indiscipline due to bad company. He requested for a final chance to improve. After considering the explanation submitted by the Respondent, the Air Officer-in-Charge approved the discharge of the Respondent from service under Rule 15 (2) (g) (ii) of the Rules as he was found unsuitable for the Indian Air Force.;