Delhi High Court sets aside termination of Flight Cadet accused of theft, finds serious mental disturbance

The Delhi High Court on Thursday came to the rescue of a Flight cadet, whose training at the Air Force Academy was terminated last year over allegations of theft of Hand Held Monitors (HHMs) belonging to fellow cadets. .A Division Bench of Justices C Hari Shankar and Om Prakash Shukla found the punishment to be disproportionate and irrational, while allowing the cadet's plea challenging his termination.The Court observed that the petitioner had a spotless record throughout but was mentally disturbed and struggling to adjust to the training environment at the relevant time."That situation is completely incongruous with a dishonest, and cheating mindset and completely consistent with a clear error of judgment in his actions. Hence, we find that a young trainee/cadet experiencing short term psychiatric issues or at best, whose act can be termed as negligent and/or ignorant, cannot be treated as a thief or person unworthy of being an officer," it said..The Court added that even if it were assumed that the theft had actually taken place, it appeared to be an "isolated and one-off incident, under the influence of undergoing psychological distress at that time and at best, it may be termed to be as negligence and/or an ignorant act by the petitioner or situation where he had difficulty in choosing his course of conduct." Moreover, given his young age between 19 and 21 years, it cannot reasonably be concluded that he is now beyond reform, the Court added. "There is nothing on record except the alleged stray incident to concur that petitioner is unworthy of becoming that an isolated, one-off incident of theft by a cadet going through mental health problems cannot render him unworthy of being an officer in the Air Force an officer. Therefore, we find that it would be unfair to categorise him as a person without officer-like qualities," the Court further said..The petitioner-cadet had completed his training from the National Defence Academy in 2019 and then joined the Air Force Academy in 2023 as a logistics trainee. He was dismissed in June 2024 over allegations of theft. On the first occasion, it was alleged that a Hand Held Monitors (HHM) belonging to a fellow cadet was found in the petitioner’s room and on the second, an HHM belonging to another cadet was taken by the petitioner.Relying on CCTV footage and his statements, the cadet was found to have committed serious indiscipline by twice engaging in "theft" of HHMs. These acts amounted to “serious indiscipline”, the Training Review Board ruled..However, the bench noted that multiple witness statements and medical records revealed that the petitioner was experiencing severe psychological distress at the relevant time and had also attempted suicide.It is safe to conclude that petitioner was under the influence of serious mental and emotional disturbance during the time of alleged incident, it said.A medical summary from the Command Hospital at Bengaluru confirmed symptoms of depression and anxiety from October 2023 to February 2024. The Court, thus, criticised the Training Review Board for recommending termination without adequately considering the cadet’s mental health, past conduct or the mandated corrective principles. “Ergo, this Court, in view of the aforesaid peculiar circumstances, holds that this is one of those cases where punishment imposed was striking disproportionate, irrational, and inconsistent with the above discussed material. The impugned termination order, according to us, is perverse and the findings therein are such as no reasonable authority could have reached. Therefore, this Court is not only permitted but duty-bound, to set aside the punishment in the present case,” it concluded. .The petitioner cadet argued his case in person. Advocates RV Sinha, AS Singh, Amit Sinha, Shriya Sharma and Kalyan Babu Singh appeared for the Union of India. .[Read Judgment].Follow Bar and Bench channel on WhatsAppDownload the Bar and Bench Mobile app for instant access to the latest legal news.