Himmat Kumar Raina permitted to continue as J&K Administrative Service Officer after depositing Rs. 3 lakh with the Air Force.
The Jammu and Kashmir High Court, in a significant ruling, has permitted Himmat Kumar Raina, an Indian Air Force personnel, to be discharged from his duties to continue his career in the Jammu and Kashmir Administrative Service. The decision, delivered by Justice Sanjay Dhar, requires Raina to deposit Rs. 3 lakh with the Air Force as a condition for his discharge and the issuance of a No Objection Certificate (NOC).
Raina, who was enrolled in the Indian Air Force in 2006, sought to resign from his position after being selected as a Junior Scale Officer in the J&K Administrative Service following the J&K Combined Competitive Examination, 2016. Despite his selection, the Air Force had rejected his discharge request on the grounds that the post did not qualify as Group 'A', as per the eligibility criteria under Air Force Orders (AFO) No. 4/2012 and No. 33/2017.
The case hinged on the interpretation of the right to leave service under Article 19(1)(g) of the Indian Constitution, which was discussed in depth. The court acknowledged that while Air Force personnel do not have an unqualified right to resign during their term of engagement, equitable relief can be granted in exceptional circumstances.
Justice Dhar highlighted Raina's challenging background and his perseverance in achieving educational and professional excellence despite adverse conditions. The court noted that denying Raina's request would not only be harsh but would also squander his potential for significant contributions to civil service.
In a balanced judgment, the court recognized the Air Force's investment in training personnel but also underscored the need to support individuals demonstrating exceptional capabilities and dedication. The court's decision aligns with precedents where equitable jurisdiction was exercised to ensure justice in unique cases.
The ruling mandates that Raina, who has been serving in the J&K Administrative Service since 2019, deposit the stipulated amount as a form of accountability for breaching service conditions. This decision aims to uphold discipline within the armed forces while fostering talent in civil services.
Bottom Line:
Indian Air Force personnel does not have an unqualified right to leave service for civil employment. However, in exceptional circumstances, equitable relief may be granted subject to conditions.
Statutory provision(s): Article 19(1)(g) of the Constitution of India, Air Force Orders No. 4/2012, Air Force Orders No. 33/2017, Article 142 of the Constitution of India.
Himmat Kumar Raina v. Union of India, (Jammu And Kashmir) : Law Finder Doc id # 2853213
