Delhi High Court Reinstates Ex-Flight Cadet Tarang Bhardwaj, Citing Disproportionate Termination for Alleged Theft

Court Finds Termination of Trainee Cadet for Alleged Theft During Psychological Distress Arbitrary and Violative of Natural Justice

In a landmark judgment, the Delhi High Court has set aside the termination of Ex-Flight Cadet Tarang Bhardwaj from the Air Force Academy, declaring the punishment for an alleged act of theft as strikingly disproportionate. The Division Bench, comprising Mr. C. Hari Shankar and Mr. Om Prakash Shukla, noted that the termination was arbitrary and irrational, particularly given the presence of psychological distress and lack of dishonest intention on the part of the petitioner.

The case arose when Bhardwaj, a trainee in the Logistics Branch of the Air Force Academy, was dismissed following accusations of theft, based on CCTV footage and informal investigations. However, Bhardwaj contended that his actions were unintentional, stemming from a period of psychological distress corroborated by medical records and witness statements.

The court's judgment underscored the importance of considering mental health factors and the principles of natural justice in disciplinary proceedings. The judgment highlighted that the alleged acts of theft occurred when Bhardwaj was under significant mental health strain, as evidenced by medical opinions and witness testimonies. These factors were overlooked in the initial decision to terminate him.

The court emphasized that the punishment must be corrective rather than solely punitive, aligning with the guiding principles for awarding punishment in such cases. It noted that Bhardwaj's actions did not demonstrate a pattern of misconduct and were not motivated by dishonest intentions.

In its detailed analysis, the court criticized the Training Review Board's decision-making process, pointing out procedural irregularities and a lack of consideration for Bhardwaj's mental state and prior conduct. The court held that Bhardwaj should have been given an opportunity for reform, especially given his young age and the isolated nature of the incident.

The ruling not only reinstates Bhardwaj but also directs the authorities to provide him with consequential benefits within four weeks. This decision marks a significant stance on the need for a humane approach in disciplinary matters, particularly in the armed forces, where the consequences of termination are severe and career-ending.

Bottom Line:

Termination of training of a trainee cadet on grounds of alleged theft was held to be strikingly disproportionate, arbitrary, and irrational due to the presence of psychological distress and lack of dishonest intention.

Statutory provision(s): Article 226 of the Constitution of India, Air Force Order No. 30/2015, Paras 9(d), 9(q), 12, 13, 14, 17, 18(d)(iii), 23(f).

EX FLT CDT Tarang Bhardwaj v. Union of India, (Delhi)(DB) : Law Finder Doc Id # 2813407