Supreme Court Bars Disciplinary Action After Discharge in Criminal Case Under Air Force Act

The Supreme Court held that disciplinary proceedings cannot be initiated against an Air Force officer on the same charges after he has been discharged in a criminal trial.

It clarified that discharge signifies absence of sufficient evidence even to proceed to trial, placing the accused on a stronger footing than an acquittal.

The Court rejected the argument that discharge allows fresh departmental action, calling it legally flawed. It further observed that once authorities choose to proceed through a criminal court, they cannot later switch to disciplinary action on the same facts.

Accordingly, the officer’s dismissal was set aside.

[Ex. Sqn. Ldr. R. Sood v. UOI & Ors.]