IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.2100 of 2010 1. UDAY KUMAR-748910-B.C.P.L. S/O RADHESHYAM PODDAR R.D.O./FIT HEAD QUARTER C.A.C.(U),A.F.BAMRAULI,ALLAAHABAD-12, AT PRESENT MARAIYA,P.S.PARWATTA,DISTT-KHAGARIA(BIHAR) Versus 1. THE UNION OF INDIA THROUGH AIR OFFICER COMMANDING IN CHIEF CENTRAL AIR COMMAND A.F. ALLAHABAD 2. COMMANDING OFFICER HEAD QUARTER C.A.C.(U) A.F. BAMRAULI,ALLAHABAD 3. ANIL SACHDEO ,WING COMMANDER,COMMANDING OFFICER HEAD QUARTER C.A.C.(U),A.F.,ALLAHABAD 4. WING COMMANDER OFFICER-IN-CHARGE P.I.(B.I.S.C) ALLAHABAD 5. WING COMMANDER MEMBER DISTRICT COURT MARTIAL BAMRAULI,ALLAHABAD-12 6. SQNLDR MEMBER T.N.B. SINGH(23790) BAMRAULI,ALLAHABAD-12 7. SQN LDR MEMBER HIMANI PANDEY (25036) LGS 29 WG A.F.BAMRAULI,ALLAHABAD-12 8. JUDGE ADVOCATE SGN LDR R.S.PABLA(24970) (ADM/LGL)OF HEAD QUARTERC.A.C I.A.F.,BAMRAULI,ALLAHABAD-12 9. D.VEDAJNA WING COMMANDER PRESIDING (19539) F(P) GEAD QUARTER C.A.C.,I.A.F. BAMRAULI,ALLAHABAD-12 10. 706325 F SERGEANT R.M SANJEED I.A.F./P OF 24 P AND S.U.,A.F. null BAMRAULI,ALLAHABAD 11. 900807 A CORPORAL D.C.BELWAL I.A.F./P OF 24 AND S.U., A.F.BAMRAULI,ALLAHABAD 12. OM PRAKASH 60289/N.M.W.O.R.D.O./FIT OF HEAD QUARTER C.A.C.(U) BAMRAULI,ALLAHABAD 13. ARI G.S. GUJRAL AIR MALSHAL BAMRAULI,ALLAHABAD-12 05/ 09.03.2010 Heard learned counsel for the petitioner and the Union of India. 2. Petitioner, who served the Indian Air Force as Radio Fitter, is aggrieved by the discharge order dated 28.9.2006, whereunder he has been dismissed from service in the light of the orders dated 21.7.2006 and this petition has been filed for setting aside the said discharge/ dismissal order, as according to the petitioner said order has been passed without considering the defence which he has set out to rebut the charge of unauthorized over stayal at his village - 2 - home. In this connection, it is pointed out that he over stayed on account of the circumstances, which were beyond his control, as he had fallen sick during the said period and was treated not only in the private clinic by the doctors, but also in the Government hospital and to establish such fact, evidence was produced before the Enquiry Officer, but without considering the documentary evidence, discharge/ dismissal order was passed. 3. Against the order of dismissal dated 21.7.2006/ discharge certificate dated 28.9.2006 signed by the Wing Commander, petitioner has a remedy of appeal before the Chief of the Air Staff, as his dismissal/ discharge from the service has been approved by the Commanding Officer. 4. It is submitted by the counsel for the Union of India that the appeal filed by the petitioner dated 25.10.2006, Annexure-15 could not be disposed of by the Chief of the Air Staff, as the said appeal has not been addressed to him as also copy thereof has not been received in the office of the Air Officer Commanding-in- Chief, Central Air Command A.F., Allahabad, Respondent no.1 to whom the appeal appears to have been addressed. 5. Having heard counsel for the petitioner and the Union of India, I dispose of this writ application with direction to the petitioner to file fresh appeal before the Chief of the Air Staff against the dismissal order dated 21.7.2006 and discharge certificate dated 28.9.2006 along with a certified copy of this order and the Chief of the Air Staff should consider the appeal and pass appropriate reasoned - 3 - order in accordance with, as early as possible, in any case within three months from the date of receipt of the appeal along with the certified copy of this order in his office. Arjun/ (V.N. Sinha, J.)