SC: Air Force Members Have No Unrestricted Right to Leave Service

New Delhi: The Supreme Court, in a significant verdict on Wednesday, held that members of the Indian Air Force do not possess an "unqualified right" to leave service at will to join civil posts, saying seeking prior nod is not a simple procedural requirement that can be dispensed with. A bench comprising justices Ujjal Bhuyan and Atul S Chandurkar held that strict adherence to the Air Force's procedural requirements for seeking prior permission is mandatory to maintain operational preparedness.

The bench referred to the rules of the Air Force and said that the requirements prescribed were not merely procedural in nature and consequently, their compliance was mandatory.

"The object behind stipulating these requirements has a necessary nexus with the object of regulating premature discharge of air warriors from the IAF. It must be borne in mind that Airmen are members of the IAF, a disciplined force.

"The prescription of seeking prior permission before making an attempt to apply for a civil post and the subsequent grant of NOC by the competent authority after such selection cannot be stated to be simple procedural requirements that could be dispensed with at the will of the concerned Airman," Justice Chandurkar, who authored the judgement, said.

The bench dismissed an appeal filed by Nakhat Singh, a Corporal in the IAF, who had sought a no objection certificate and discharge after being selected as an Assistant Professor (Hindi) by the Rajasthan Public Service Commission.

Singh, who had completed seven years of service, applied for a civil post following a November 2020 recruitment advertisement.

While he was successful in the competitive examination and interview, his subsequent application for an NOC and discharge in October 2022 was rejected by the Air Officer Commanding.

The Air Force Authority cited Air Force Order of 2017, which stipulates that an Airman must obtain prior permission from competent authorities before making an application for a civil post.

Singh's challenge to this refusal was previously dismissed by both the Armed Forces Tribunal and the Delhi High Court.