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Supreme Court Quashes 1993 IAF Dismissal and Restores Officer's Honour

The ruling clarifies that choosing a criminal trial bars later disciplinary punishment for the same conduct.

Overview

  • The Supreme Court, which ruled on Wednesday, set aside the 1993 dismissal of ex-squadron leader R Sood and overturned the high court order that had upheld it.
  • It ordered the Centre to pay 50% of salary and allowances from September 23, 1993 until his scheduled retirement, with pensionary benefits and 9% annual interest from the filing of his 1990s writ petition until payment.
  • Because he has passed the retirement age he will not return to duty, yet a review promotion board must consider him for notional promotion that will count toward his pay and pension.
  • To restore his honour the court directed a formal service sign-off on a date set by the Chief of Air Staff, with all directions to be completed within three months.
  • The bench found the action unlawful because the Air Force had already opted for a criminal trial that ended in Sood’s discharge for lack of evidence, and because his punishment far exceeded the ‘severe displeasure’ issued to his superior.