Vineet Saran - (1.) -The petitioner is a Constable in the Air Force. He is aggrieved by an order dated 29.12.2006, passed by the Chief of the Air Staff whereby a direction has been issued for deduction of a sum of Rs. 1,700 from the salary of the petitioner, which is to be paid as maintenance allowance to the minor son of the petitioner till he attains majority or remains under the custody of his mother or grant of maintenance allowance is made to him by any Court.
(2.) I have heard Sri M. A. Khan, learned counsel appearing for the petitioner as well as Dr. A. K. Nigam, learned Additional Solicitor General of India, assisted by Sri Ramesh Rai on behalf of the respondents and have perused the record. The main ground of challenge to the order dated 29.12.2006, which has been impugned in this writ petition is that the same has been passed in violation of the principles of natural justice, as no notice to show cause was issued to the petitioner prior to the passing of the said order. It has also been submitted that since the application for grant of maintenance under Section 125, Cr. P. C. is pending before the competent court, which is being contested by the petitioner, hence the passing of the order for deduction of Rs. 1,700 from the salary of the petitioner towards maintenance of the minor son of the petitioner is wholly unjustified. The impugned order has been passed under Section 92 (i) of the Air Force Act, 1950, read with Rule 162 of the Rules of 1969.
(3.) SECTION 92 (i) of the Air Force Act, 1950, reads as under : "92. Deductions from pay and allowances of airmen.-Subject to the provisions of SECTION 95, the following penal deductions may be made from the pay and allowance of an airman, that is to say, (a) .............. (b) .............. (c) .............. (d) .............. (e) .............. (f) .............. (g) .............. (h) .............. (i) any sum required by order of the Central Government or any prescribed officer to be paid for the maintenance of his wife or his legitimate or illegitimate child or towards the cost of any relief given by the said Government to the said wife or child." Rule 162 specifies that the prescribed officer for the purposes of clause (i) of Section 92 shall be the Chief of the Air Staff. As such, the order impugned has been passed by the competent officer.;