No NOC for IAF Corporal Seeking Civilian Post Without Proper Procedure: High Court Upholds Armed Forces Tribunal's Decision

In a significant ruling, the Delhi High Court upheld the Armed Forces Tribunal's (AFT) decision, dismissing an appeal by an Indian Air Force (IAF) Corporal seeking a No Objection Certificate (NOC) and discharge to join a civilian post as Assistant Professor in the Rajasthan Government. The Court's decision, delivered on January 23, 2024, emphasizes the importance of adhering to procedural requirements when seeking employment outside the armed forces.

The Corporal had challenged the AFT's order on the grounds that his attempts to apply online for the civilian post were thwarted due to the non-acceptance of his application by the software. Additionally, his effort to submit an offline application was also rejected, leading him to participate in the selection process without formal permission from the authorities.

The High Court, in its judgment, noted, "There is a finding of fact by AFT... that the petitioner has not placed any proof of submission of online application and its non-acceptance by the respondents." The Court found no evidence to support the Corporal's claims of attempting both online and offline applications, thus upholding the AFT's decision.

The Court's judgment also highlighted, "The petitioner has neither submitted the online application nor an offline application was submitted by the petitioner seeking permission of the respondents to take up the civil post." This observation was crucial in dismissing the Corporal's petition for lack of merit.

Responding to the Corporal's challenge to the constitutional validity of Air Force Order 33/2017, which he claimed imposed unreasonable conditions on airmen seeking civilian employment, the Court found the petitioner's arguments to be contradictory. The judgment read, "The petitioner cannot challenge the vires of the same AFO, under which he has sought to submit the online application."

The decision underscores the imperative for armed forces personnel to follow established protocols when applying for civilian positions. The High Court's dismissal of the petition reaffirms the importance of procedural compliance in such transitions, emphasizing the operational impact and investment in training within the armed forces.

Date of Decision: 23 January 2024

NAKHAT SINGH VS UNION OF INDIA & ORS.