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Section 18 – Air Force Act,1950

Air Force Act,1950

18. Tenure of service under the Act.

Every person subject to this Act shall hold office during the pleasure of the President.

Comments

(i) No restraint can be put on the pleasure of the President under the Act or the Rules, regarding determination of services of members of defence services and it is not necessary also to afford an opportunity of hearing before passing order of dismissal; Wg. Cdr. Hazara Singh v. Union of India, 1982 (1) SLR (Del) 623.

(ii) The mere use of the word ‘dismissal’ in an order of termination of service under section 18 in exercise of the President’s pleasure does not make the order positive. The word ‘dismissed’ be deemed to have been used loosely and amounts to termination simplicity; Wg. Cdr. Hazara Singh v. Union of India, 1982(1) SLR (Del) 623.

(iii) The pleasure of the President under section 18 to dismiss an Air Force Officer need not be exercised personally. It can be exercised by a Minister in accordance with the Government of India (Allocation of Business) Rules, 1961; Hazara Singh v. Union of India, 1976 Lab IC 528 (Del): (1976) 1 SLR 340 (Del).

(iv) President can dismiss Air Force Officer under this section without giving reasons or hearing; Hazara Singh v. Union of India, 1976 Lab IC 528: (1976) 1 SLR 340 (Del).

(v) Provisions of Sections 18 and 19 are not discriminatory merely because power thereunder can be exercised by same authority; Hazara Singh v. Union of India, 1976 Lab IC 528: (1976) 1 SLR 340 (Del).

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Air Force Act,1950

Indian Laws – Bare Acts

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Section 18 – Air Force Act,1950

Air Force Act,1950

 

 

18. Tenure of service under the Act.—

 

Every person subject to this Act shall hold office during the pleasure of the President.

 

Comments

 

(i) No restraint can be put on the pleasure of the President under the Act or the Rules, regarding determination of services of members of defence services and it is not necessary also to afford an opportunity of hearing before passing order of dismissal; Wg. Cdr. Hazara Singh v. Union of India, 1982 (1) SLR (Del) 623.

 

(ii) The mere use of the word ‘dismissal’ in an order of termination of service under section 18 in exercise of the President’s pleasure does not make the order positive. The word ‘dismissed’ be deemed to have been used loosely and amounts to termination simplicity; Wg. Cdr. Hazara Singh v. Union of India, 1982(1) SLR (Del) 623.

 

(iii) The pleasure of the President under section 18 to dismiss an Air Force Officer need not be exercised personally. It can be exercised by a Minister in accordance with the Government of India (Allocation of Business) Rules, 1961; Hazara Singh v. Union of India, 1976 Lab IC 528 (Del): (1976) 1 SLR 340 (Del).

 

(iv) President can dismiss Air Force Officer under this section without giving reasons or hearing; Hazara Singh v. Union of India, 1976 Lab IC 528: (1976) 1 SLR 340 (Del).

 

(v) Provisions of Sections 18 and 19 are not discriminatory merely because power thereunder can be exercised by same authority; Hazara Singh v. Union of India, 1976 Lab IC 528: (1976) 1 SLR 340 (Del).

 

 

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Air Force Act,1950

 

Indian Laws – Bare Acts

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