Legal Question in Appeals and Writs in India

Respected Sir,

I am a combatant member of Indian Air Force (IAF). I joined IAF on 29 March 2005 at my 17 and 1/2 years of age with a qualification of 10th pass and leaving my 12th final exam in March 2005 itself. After training I was posted to WAC (U), Subroto Park, New Delhi. I have always been recognised as a very good worker and I also have been awarded with Commendation by the Air Officer Commanding-in-Chief, Western Air Command in Oct 2010 i.e. within very short period of service. During my service tenure I completed my 12th final and decided to study further with a very good professional course. Later on I decided to pursue Chartered Accountancy and I started the same in Dec 2009 with due permission from my unit authority which was also published in the Unit Routine Order sanctioning the pernission. In Dec 2009 I cleared Common Proficiency Test of CA course without hampering my service efficiency and goodwill. Then I started the next level of CA i.e. IPCC from February 2010 and while pursuing the same I have been posted to 43 Sqn, in Jorhat, Assam in the month of March 2011. �after that I cleared the 1st Group of d same in May 2011 and make myself eligible for CA articleship for the period of 3 years which is compulsory before appearing in CA Final Exam. But unfortunately it is a full time training and I cannot perform any regular job or study during this training period as it is minimum 35 hours per week training and there is no provision of study leave for airmen. At this juncture it is not possible for a rational human being to leave the CA, so depending on the circumstances and Relying on a comment published by the Chief of the Air Staff in a magazine named Vayu Jan Shakti (the comment says, "If any airman got selected in any prestigious course like IIT/IIM etc and the same course cannot b completed being in service then he may get discharge"), I applied for discharge on compassionate ground to complete me the course. But the same was not approved by Air HQ. �Then I decided to be absented myself without leave and left the air force on 2nd Jan 2012 and joined the articleship training in delhi in Feb 2012. After almost one year I was been apprehended by Delhi Police Crime Branch near my office and handed over to the air force authority on 31 Jan 2013. Now I m waiting for charge trial and court martial. Still I m unwilling to continue my service and get honourable discharge from air force without any imprisonment or such punishment which must spoil my future record and also creat a big gap in my training session. Here I need your help and want to know such judgements which is agaist the sentence awarded by court martial for such type of offence and also instructed the defence authority not to award imprisonment or such punishment which is disproportionate to such offences as done by me.

Thanking you.

Corporal Shubhashis Nag

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