Mohammed Zubair Corporal No.781467-G vs Union Of India & Ors

Dr D Y CHANDRACHUD, J CIVIL APPEAL No. 8644 OF 2009 The Appellant was enrolled as an Airman in the Indian Air Force on 19 December 2001. After enrolment he was sent for training and was assigned the trade of Workshop Fitter (B). On 1 September 2004 he was posted to 3 Base Repair Depot at Chandigarh. On 10 January 2005, the Appellant submitted an application seeking permission to keep a beard on religious grounds, since he is a Muslim. The Air Officer Commanding rejected the application on 1 February 2005 and the Appellant was informed on 9 February 2005 of the rejection, which was on the ground of the Air Headquarters’ Policy dated 24 February 2003. On 22 March 2005 the Appellant submitted another application to the Air Officer Commanding seeking reconsideration of the earlier decision. He was granted an interview with him on 10 June 2005, when he was informed of the necessity to maintain uniformity amongst Air Force personnel because of which his request had been rejected. The Air Officer Commanding, however, addressed a communication dated 23 June 2005 to the Headquarters Maintenance Command seeking a clarification on the legal issues raised by the Appellant. In the meantime on 20 June 2005 the Appellant proceeded on annual leave. When he returned on 1 August 2005, he was found to sport a beard. On 1 August 2005 he was informed by Wing Commander that contrary to Air Force Regulations, he was found to have a beard while in service uniform. The Appellant was instructed to shave off his beard and to report at 0700 hrs on 2 August 2005, failing which it was stated that "severe disciplinary action" would be initiated against him. The Appellant declined to shave off his beard. Since in the meantime a clarification had been sought from HQ -MC, he was permitted to grow a beard on a provisional basis until his earlier application was finalised. By a communication dated 26 August 2005 HQ-MC Nagpur, informed 3 BRD, AF that under the current policy of the Air Force (Area HQ/C 23406/24/PS) dated 24 February 2003 and 9 July 2003 an Airman was not permitted to have a beard on religious grounds. On receipt of this letter, the Appellant was directed to shave off his beard and informed that the provisional permission granted to him on 3 August 2005 was withdrawn.

2 On 17 September 2005 the Appellant filed a writ petition before the Punjab & Haryana High Court in which by an interim order dated 20 September 2005 a Single Judge stayed the operation of the Air Force order dated 5 September 2005. The Air force authorities moved the High Court for vacating the interim stay but the application was dismissed on 9 February 2006. A Special Leave Petition was filed before this Court which was disposed of on 28 September 2007 with a request to the High Court to dispose of the petition expeditiously. By an order of the High Court dated 14 July 2008 the writ petition was dismissed. A Letters Patent Appeal was dismissed by the High Court on 31 July 2008. In the meantime, a notice to show cause was issued to the Appellant calling upon him to explain as to why he should not be discharged from service. In reply to the notice, the Appellant asserted his right to retain a beard. The Appellant was eventually discharged from service under Rule 15(2)(g)(ii) of the Air Force Rules 1969 on 1 September 1997.

12 For these reasons, we see no merit in the Civil Appeal No. 8644 of 2009. The Civil Appeal shall stand dismissed. However, with no orders as to costs.

13 In the view of the above, Civil Appeal No. 8643 of 2009 is dismissed accordingly.

……........................................CJI [T S THAKUR] …................................................J [Dr D Y CHANDRACHUD] …..............................................J [L. NAGESWARA RAO] New Delhi December 15, 2016