Ex Flight Cadet Mohit Bhandari vs Union Of India & Ors. on 19 July, 2016

2. Air Force Order 05/2012 concededly came into play. As per the order,
a Court of inquiry or a formal investigation is not a pre-requisite for initiating
disciplinary action against a Flight Cadet, but if opined to be desirable, a Court
of inquiry or a formal investigation could be ordered where the circumstances
of the case were not clear or where it was felt that certain additional inputs or
information was warranted or where the facts presented were prima-facie
indicative of a larger perspective or involvement of more number of cadets.
The procedure contemplated by AFO 5/2012 required to be followed was
admittedly followed at the Training Review Board (TRB) and since no

W.P.(C) No.2772/2014 Page 2 of 16
arguments were advanced in relation thereto, suffice it to note that the
petitioner was made known of the charge against him i.e. of stealing the ATM
of his buddy Flt.Cdt.Shubhojeet Roy and unauthorizedly withdrawing
`5,000/- from his account, a fact which petitioner admitted in spite of being
warned as regards the consequence thereof. The petitioner made the following

Source: Indian Kanoon

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