Regarding Absent without leave from Indian Air force
shaan
(Querist) 26 November 2015
This query is : Resolved
Hello...sir...i m very very confused what to do.please guide me in right way .I am not getting correct way of action.Here is my story..please please.... go through it and suggest me according that.......... I was working in indian air force as an airmen since 5years.I was always good in studies.i am very ambitious.i had some big goals in my life .i had never thought of joining defence forces.But due to some reason or u can say pressure i had to join it.but could not connect myself with this job and the people who were related to this.i always felt myself alone.i started keeping myself isolate.i tried a lot to study to get rid of this job according to the rule of IAF.But i could not succeed.i was getting depressed day by day.Believe me i was not able to remember the things properly.my mind was fully disturb.At a point of time i was not talking to any one around me .i used to sit quitely at a corner of the room.My room mates were afraid of my behaviour and complained to my department. Then my head of department informed to my parents.I asked to my senior that if i want to apply for out of service ,everyone suggested me not to do this ,they told if i will do this they can put me in psychiatric ward as i had heard of some cases like this .i was afraid of doing this i could not dare to apply.As i had no way there and Things were getting worst day by day so i decided to leave IAF.My tenure was completed and i was to report at another IAF station.i compleated all formality at the previous unit and they cleared me but i did not join the another unit.Now its been 13 month.I m out as a absent without leave.In present i m doing what i always wanted to do and doing very good , sir i know my capabilities and know that i can excellent in this field.But some times i get very much disturbed about my past , i need passport and a lot more things........i am always in a condition of what to do ...and not i m not able to fully focus on my goals. Please guide me that should i go back to them and leave every thing on them or i should wait for termination of my service.As the problem of psychiatric ward is still there. can they do this?plz...plzz .....Help me ...i have no guidance....
Sudhir Kumar, Advocate
(Expert) 26 November 2015
your priorities are misplaced.
apparently you are psychiatric patient and could have been out of service on this round had they sent you to psychiatric ward with AFMS 10. This way you could have been out of service without insult which you have reaped.
how can you expect Air Force service to be terminated so easily. You will be arrested and court martialed and dismissed (may be even jailed) only then you are out of service
Kumar Doab
(Expert) 26 November 2015
May be that you are unable to express fully and are concealing some thing.
Solitude is not misconduct and offense.
If you were calm and composed but were in solitude while off duty it is not misconduct.
You have not posted about any mood swings or bouts of anger etc that could rate you as suffering from some serious psychiatric problems and fit to be dumped in some straight jacket or isolation or put on some drugs.
Even your HOD has not reported your solitude as misconduct and has simply talked to your parents in goodfaith and only to help you.
If you are a loner and have wavering mind or confused state of mind then counseling could have certainly helped you and can help even now.You should go for it.
As far as absenting/absconding/abstaining in IAF is concerned it is misconduct and you are advised to consult an able lawyer well versed with defense service rules/cases......................and your counsel may still have some remedies and may see to it that you are taken out of situation without serious repercussions.
You may avoid discussing here and there with everyone say colleagues/peers etc.....
You may see both a Councillor and an able lawyer ASAP.
R.K Nanda
(Expert) 26 November 2015
agree with experts.
shaan
(Querist) 27 November 2015
Dear experts..i respect your advices. I am not concelIing any thing regarding this.I could never adjust myself there and when It became unbearable for me ,i took this step.I was never willing to work in air force and still i don't want to work there.Now please suggest me according that...
shaan
(Querist) 27 November 2015
Sir I never wanted to spend my whole life in such profession where i was never happy and was depressed.i want to do a lot big things in my life and even slowly slowly i am doing.please suggest Me a way to come out of this situation.
Sudhir Kumar, Advocate
(Expert) 27 November 2015
Not able to agree with Mr Kumar Doab.
Absence without leave/discharge from Air Force is a misconduct.
By now the police would have been directed to arrest you and not clear why they have not done so far.
shaan
(Querist) 27 November 2015
Mr. Sudhir Sharma sir, I know very well that this is an offence ad for sure I will be finished for it but I am not regretful what I have done.It was very necessary for me and my future.so now I was asking here for solutions which could help me.
Kumar Doab
(Expert) 27 November 2015
I am also not able to agree with Mr.Sudhir Kumar...........................as I have never posted that 'Absence without leave/discharge from Air Force is not a misconduct.'
It has been suggested to the querist/author that he may consult an able lawyer well versed with defense service rules/cases.......
Kumar Doab
(Expert) 27 November 2015
LCI Expert Dr.J.C. Vashistha is with defense force background and you may approach him.
It shall be discretion of Dr.Vashistha to counsel you.
shaan
(Querist) 27 November 2015
Thank you so much Kumar Doab sir......I am really greatful to you. Sir Could you please tell me how to contact Dr. Vashistha.if I could get his mail id or contact number then it would be really help full for me.Please...
Sudhir Kumar, Advocate
(Expert) 27 November 2015
I STILL DO NOT AGREE WITH MR KUMAR DOAB. I DERIVE STRENGTH FOR THIS DISAGREEMENT FROM FOLLOWING PROVISIONS OF AIR FORCE ACT 1950
38. Desertion and aiding desertion.—
(1) Any person subject to this Act who deserts or attempts to desert the service shall on conviction by court-martial,
if he commits the offence on active service or when under orders for active service, be liable to suffer death or such less punishment as is in this Act mentioned; and
if he commits the offence under any circumstances, be liable to suffer imprisonment for a term which may extend to seven years or such less punishment as is in this Act mentioned.
(2) Any person subject to this Act who knowingly harbours any such deserter shall, on conviction by court-martial, be liable to suffer imprisonment for a term which may extend to seven years or such less punishment as is in this Act mentioned.
(3) Any person subject to this Act who, being cognizant of any desertion or attempt at desertion of a person subject to this Act, does not forthwith give notice to his own or some other superior officer or take any steps in his power to cause such person to be apprehended, shall, on conviction by court-martial, be liable to suffer imprisonment for a term which may extend to two years or such less punishment as is in this Act mentioned.
39. Absence without leave.—
Any person subject to this Act who commits any of the following offences, that is to say,—
(a) absents himself without leave; or
(b) without sufficient cause overstays leave granted to him; or
(c) being on leave of absence and having received information from proper authority that any unit or detachment to which he belongs, has been ordered on active service, fails, without sufficient cause, to rejoin without delay; or
(d) without sufficient cause fails to appear at the time fixed, at the parade or place appointed for exercise or duty; or
(e) when on parade, or on the line of march, without sufficient cause or without leave from his superior officer, quits the parade or line of march; or
(f) when in camp or elsewhere, is found beyond any limits fixed, or in any place prohibited, by any general, local or other order, without a pass or written leave from his superior officer; or
(g) without leave from his superior officer or without due cause, absents himself from any school when duly ordered to attend there;
shall, on conviction by court-martial, be liable to suffer imprisonment for a term which may extend to three years or such less punishment as is in this Act mentioned.
105. Arrest by civil authorities.
Whenever any person subject to this Act, who is accused of any offence under this Act, is within the jurisdiction of any magistrate or police officer, such magistrate or police officer shall aid in the apprehension and delivery to air force custody of such person upon receipt of a written application to that effect signed by his commanding officer.
106. Capture of deserters.
(1) Whenever any person subject to this Act deserts, the commanding officer of the unit or detachment to which he belongs, shall give written information of the desertion to such civil authorities as, in his opinion, may be able to afford assistance towards the capture of the deserter; and such authorities shall thereupon take steps for the apprehension of the said deserter in like manner as if he were person for whose apprehension a warrant had been issued by a magistrate, and shall deliver the deserter, when apprehended, into air force custody.
(2) Any police officer may arrest without warrant any person reasonably believed to be subject to this Act, and to be a deserter or to be travelling without authority, and shall bring him without delay before the nearest magistrate, to be dealt with according to law.
Sudhir Kumar, Advocate
(Expert) 27 November 2015
When Mr Shan does not have any remorse, he should surrender to nearest Air Force unit, face court martial get sentenced to dismissal and imprisonment and come back from jail and live life without Air Force.
he cannot hide from police for full life.
Respectful resignation is now not possible as a disciplinary case is pending. He has already made things difficult for him.
Dr J C Vashista
(Expert) 29 November 2015
I agree with Mr. Sudhir Kumar and advised the author in his PM to surrender in his unit/station and be prepared to face the consequency of being deserter.
Kumar Doab
(Expert) 29 November 2015
I still do not agree with Mr.Sudhir Kumar...........................he posted that .....'Absence without leave/discharge from Air Force is a misconduct.'......................as I have never posted that 'Absence without leave/discharge from Air Force is not a misconduct.'
I have already suggested the querist to see a Councillor and a Lawyer.
I have asked and the querist has posted that he is not concealing anything.
This should finally be end of agreement and disagreement.
I shall not be touching and posting again on it.
I derive no strength or no weakness from any of the posts since the the thread is initiated for a query by the querist, and heartfelt opinions and suggestions shall be posted in the thread.
I am sending a few links and names and addresses to the querist.
The querist is at liberty to go thru these and act as deemed fit at his end.
Kumar Doab
(Expert) 29 November 2015
@ Querist/Author/Mr.Shaan,
You have an serious issue at your hands.
Hope you realize it.
You have not acted properly, although you have drafted your posts as per your inner wishes.
Some links, publications and some names are being sent to you by PM.
Army matters and .................... were brought under the appellate jurisdiction of HC, around 90 % decision of ................ were turned down by the high court.
Office Bearers of .............................that........... should be wound up immediately because the sole purpose of formation of military ........have been defeated, ................ due to attitude of adamant administrative members of the .................defense officers.
......................Contempt notice has been sent to .................secretary.
You may on your own get in touch with persons of your choice and build your future action plan.
Of course they can appraise,counsel,guide you.
Kumar Doab
(Expert) 29 November 2015
Have you been court marshaled?
You have initiated a thread regarding court marshal and passport at LCI at following link:
http://www.lawyersclubindia.com/experts/regarding-passport-563446.asp#.VlqS815-jMo
Sudhir Kumar, Advocate
(Expert) 29 November 2015
in other thread you query was
"A persone who is court marshaled from indian air force can get passport ?even he has not done any offence he was absent without leave. "
In that thread you never intimated the outcome of court martial.
In this thread you intimated that as long as you are deserter there will be apprehension roll against you. You cannot
get a passport.
shaan
(Querist) 29 November 2015
Thank you so much dear experts for your valuable advice and support.
