Surjit Singh v. Union of India & Ors.

HON’BLE MR. JUSTICE AJAI LAMBA PRESENT: - Mr. Joginder Sharma, Advocate, for the petitioner. . . . AJAI LAMBA, J (Oral) The only issue raised on behalf of the petitioner is that the petitioner was under pressure when he admitted the incident and asked for a chance to correct himself for the sake of his family and children, in reply (Annexure P-2) to the show cause notice. I am not convinced with the argument. Show cause notice dated 3.12.2001 (Annexure P-1) was given on the ground that the petitioner attempted to rape a minor girl namely Neha, aged 7 years, daughter of Sunil Kumar Das, in Vayu Vihar, Adampur. Court of Enquiry was conducted into the allegation, copy whereof was enclosed with the show cause notice. CWP No.6702 of 2009 [2] The enquiry report blamed petitioner of attempt to rape the minor girl and recommended administrative action against the petitioner. Considering the facts and circumstances, AOC-in-C WAC, IAF, considered the continuance of the petitioner in Indian Air Force as undesirable, hence, show cause notice was issued as to why the petitioner be not dismissed from service under Section 20(3) of the Air Force Act, 1950 read with Rule 18 of the Air Force Rules, 1969. In response to the show cause notice, while acknowledging the receipt of show cause notice, the petitioner clearly stated that he had no evidence to defend himself and requested for a chance to correct himself. In view of the nature of offence committed by the petitioner, admission of the act and there being no challenge to the jurisdiction of the authority that has passed the order, no ground for interference in extraordinary writ jurisdiction is made out. The petition is dismissed. May 04, 2009 (AJAI LAMBA) JUDGE