HC holds detention of IAF employee valid

Excelsior Correspondent

Srinagar, Feb 26 High Court held the detention of an Indian Air Force (IAF) employee by the IAF on allegations of meal management irregularities valid and dismissed the plea seeking his release or producing him before the court.
The petitioner Balkrishan Soni had approached the court with the relief that IAF be directed to release him from detention or produce him before the Court from the illegal custody.
Justice Javed Iqbal Wani rejected his relief to release him or produce him before the court.
“…it cannot by any stretch of imagination be said that the petitioner is detained illegally by the respondents’ warranting issuance of writ of Habeas Corpus”, HC said.
Soni was enrolled in IAF on 01-04-1997 as Catering Assistant and while working as such at unit 01 Wing Air Force (WAF), a Court of Inquiry (COI) was ordered by the Air Officer Commanding (AOC) 01 Wing to investigate financial irregularities related to sales of casual meals, supply of kerosene oil and fresh ration at Air Force Station, Srinagar.
The official was arrested last year in September after Section 122 of the Air Force Act 1950 invoked against him. He challenged the order of the IAF saying that Section 122 of the IAF Act of 1950 is not applicable to him.
Insofar as the relief sought by the petitioner with regard to release of his all terminal benefits vis-à-vis pension, gratuity, leave encashment, AFGIS, Provident Fund etc, arising out of the retirement from the service, the Court said the respondents-IAF are required to be called upon to consider the case of the petitioner in regard to the release of terminal benefits in accordance with law.

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