From the team of Legis and Associates Happy Independence Day 🇮🇳 #JaiHind #79thIndependenceDay
from Legis and Associates https://ift.tt/6dWyb8m
via IFTTT
via IFTTT
The Hon’ble Supreme Court of India has ordered the Union Government to pay Rs. 1 lakh compensation to Airman Sri S. P. Pandey, who was detained for a day for overtaking his senior officer’s vehicle at a railway crossing, and in this case Hon’ble Court found the punishment excessive and upheld the Air Force Tribunal's decision to quash the order of admonition. In a case that highlights the balance between Discipline and Governance. The incident occurred when the Airman Sri S. P. Pandey, while on duty, The incident in question occurred on 17.05.2010, at about 14.20 hrs when he was returning home from duty. On his way back, he had to stop at a railway crossing in a civil area which was closed. The gate was closed due to transit of a train. The allegation against the appellant is that, instead of waiting behind the vehicles already in line at the railway crossing, he overtook all the vehicles, including a Superior Officer's one went straight ahead and parked his motorcycle in front of the railway gate, this led to disciplinary action, resulting in a day-long detention and an admonition on January 18, 2011. Dissatisfied with the punishment, the Airman approached the Armed Forces Tribunal (AFT), which ruled in his favor and quashed the Indian Air Force's disciplinary order. Mr. Pandey Seeking Compensation for unnecessary distress and loss of dignity of him, by taking excessive action of the Indian Air Force (IAF), moved before the Hon’ble Supreme Court of India, A bench comprising of Hon’ble Justices P. S. Narasimha and Sandeep Mehta ruled in favor of the Appellant i.e., Mr. Pandey, stating that while discipline is essential in defense services, the punishment in this case was disproportionate to the offense. The Hon’ble Bench, in its ruling, emphasized the importance of maintaining a balance between Discipline and Humane treatment within the Armed Forces, and observed that, "Small excesses like overtaking the vehicle of one’s senior at a railway crossing may be an incident of indiscipline in defense services, but the balance and proportion that needs to be maintained between such an infraction and its punishment will always be at the core of good governance. If the balance is not maintained, the distinction between bad governance, impropriety, unfairness, and inhuman treatment is not much." Therefore, the Hon’ble Supreme Court ordered the Union Government to pay Rs. 1 lakh in compensation to the Appellant Sri S. P. Pandey and this case underscores the need for proportionality in disciplinary actions, even within rigid structures like the Defence Forces. #indianairforce #defenceforces #indianarmedforces #defencelawyer #justice #advocates #legalupdatesindia Legis and Associates
from Legis and Associates https://ift.tt/hjOUt1M via IFTTT
Comments
Post a Comment