Deserters from defense force-time frame to close case
Jai Joy
(Querist) 31 December 2011
This query is : Resolved
Hi,
My query related to deserters from Indian Air Force. wish to know whether any time frame to close the case against deserter from Air force..? or is that the case will be open indefinitely and never closes that the person will be hunted forever and never get opportunity to lead a normal life in India there after..?
ajay sethi
(Expert) 31 December 2011
A deserter can be
arrested under section 105 of theArmy Act and section 106
provides for an enquiry into absence without leave and
the deeming of a person declared by the court of
inquiry to be an absentee to be a deserter.
he will be dismissed from
service after three years of desertion under the
provisions of Section 20(3) of the Army Act
Rajeev Kumar
(Expert) 31 December 2011
Mr. Sethi has sufficiently replied the query.
Shonee Kapoor
(Expert) 31 December 2011
Nothing more to add.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
Jai Joy
(Querist) 01 January 2012
Thank you Mr Sethi, Mr Rajeev and Shone..thank you to clarify that he will be dismissed from service after three years of desertion under the provisions of Section 20(3) of the Army Act. Hence I wish to know what it implies..? like whether he can lead a normal life in India, seek employment like a normal citizen and entitled for noc from police for any employment purpose, whether he can apply for a passport etc etc..????..please..
mahendrakumar
(Expert) 01 January 2012
I think,the desertee is not automatically free after 3 years,eventhough as per the Army act,such person could be dismissed from service (it is only an option for the army,not a right for the deserters)
prabhakar singh
(Expert) 01 January 2012
To you Air force Act 1950 applies.Mr. mahendrakumar rightly opines.After dismissal the deserter's case would be handed over to police for his trace.If police fails to trace, deserter is safe but otherwise the sword hangs always on him.
Raj Kumar Makkad
(Expert) 01 January 2012
Air force Act, 1950 is applicable in the given case wherein authorities have been given a detailed procedure to deal with such situation but there is nothing for the deserter.However, after dismisal of service, no action can be got initiated against him.
