Judicial review in military discipline cases is limited; public airing of grievances through social media deemed contrary to service discipline.
In a significant ruling, the Delhi High Court has dismissed the writ petition of CPL Sachin Kumar Solanki, a former airman of the Indian Air Force, who challenged his removal from service after he uploaded a video on social media in uniform, airing grievances concerning service conditions. The court upheld the decision of the Armed Forces Tribunal, which had affirmed the administrative action taken against Solanki.
The case centered on Solanki's video, uploaded on January 22, 2017, on Facebook, where he voiced concerns about disparities between officers and airmen regarding rations, uniforms, allowances, and general treatment. The video, which reached over 2000 followers, led to a Court of Inquiry and subsequent administrative action, culminating in Solanki's removal from service in December 2017.
The Delhi High Court, comprising Justice Anil Kshetarpal and Justice Amit Mahajan, emphasized the limited scope of judicial review in matters concerning military discipline. The court noted that such matters fall primarily within the domain of military authorities, given the unique requirements of command, hierarchy, and operational efficiency in the armed forces.
The court rejected Solanki's claims of procedural impropriety and disproportionality of punishment, stating that the administrative action was taken after a thorough inquiry and issuance of a Show Cause Notice. The court also dismissed arguments regarding Solanki's mental state and family circumstances, noting that the petitioner had initially admitted to uploading the video and later attempted to shift blame.
The judgment reaffirmed that public dissemination of grievances by serving members through social media contravenes the ethos and discipline expected of combatant forces. The court highlighted that established internal mechanisms for grievance redressal were available, which the petitioner chose not to utilize.
Ultimately, the court found no procedural or substantive infirmity in the administrative action and concluded that the punishment was not arbitrarily or shockingly disproportionate. The ruling serves as a reminder of the distinct standards of discipline and conduct required in the armed forces, underscoring the limited role of judicial intervention in such cases.
Bottom line:-
Armed Forces - Removal of Airman from service for uploading a video on social media in uniform alleging service-related grievances and disparities between officers and airmen - Administrative action upheld by Armed Forces Tribunal and High Court - Judicial review in matters of military discipline is limited; public dissemination of grievances through social media contrary to service discipline and ethos.
Statutory provision(s):
Constitution of India, 1950 Article 226; Air Force Act, 1950 Section 20(3); Air Force Rules, 1969 Rule 18; Armed Forces Tribunal Act, 2007
CPL Sachin Kumar Solanki v. Union of India, (Delhi)(DB) : Law Finder Doc id # 2903860
