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32 years on, SC revokes illegal termination of squadron leader, restores honour

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Ending an over three-decade-long ordeal for Indian Air Force Squadron Leader R Sood, who was wrongfully terminated from service for alleged use of criminal force against a junior officer, the Supreme Court on Wednesday restored his honour.A Bench of Justice Dipankar Datta and Justice KV Viswanathan concluded that disproportionate punishment was given to the ex-squadron leader on September 22, 1993 while his commanding officer, a wing commander-rank officer whose order Sood followed, was let off leniently. It directed the Centre to pay him arrears of salary and allowances to the extent of 50% from September 23, 1993 till the scheduled date of his retirement.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).”…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, setting aside the September 22, 1993 order of his dismissal from service.”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,” it noted.“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 top court said, seeking compliance of the order in three months.It said for notional promotion his case may be placed before the Review Departmental Promotion Committee as per the governing rules for consideration and he has to be given pensionary benefits as admissible to him in law.“The financial benefits due and payable in terms of this order, including increased pay subject to notional promotion being accorded, be calculated and paid to the appellant with interest at 9% per annum from the date of presentation of the writ petition before the High Court (an unspecified date of 1995, but the exact date must be gathered by the respondents from the records) till date of payment,” it ordered.The Bench said that since Sood, having 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.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.

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