VidhiSangh

Supreme Court of India · 29/01/2019

UNION OF INDIA THROUGH ITS SECRETARY, MINISTRY OF DEFENCE DHQPO NEW DELHI & ORS. versus WG. CDR. SUBRATA DAS (19942-H)

[2019] 1 S.C.R. 1035 · 2019 INSC 103

AI-generated headnote. Verify against the judgment before relying on it. Paragraph numbers refer to the judgment.

Summary

Under the Air Force’s 5 August 2011 policy, an approved premature-separation request was not unilaterally withdrawable before the future release date. Withdrawal was exceptional, dependent on extreme compassionate grounds and competent approval, and excluded after completion of a pre-release course. The refusals were upheld as bona fide. Nevertheless, two officers already back in service received case-specific Article 142 protection for their remaining tenure.

Issues

  1. Whether an officer could unilaterally withdraw an approved premature-separation request before release under the 2011 policy.
  2. What relief followed for the four officers in differing service positions.

Provisions considered

Held

Result

Appeals disposed of: withdrawal refusals upheld in principle, with case-specific protection for Subrata Das and P K Sen to complete remaining service. Moitra’s Tribunal order set aside and original application dismissed; Bhatnagar’s Tribunal order affirmed. No costs.

Judgment PDF: Supreme Court of India, [2019] 1 S.C.R. 1035.