Delhi High CourtMilitary and National Security LawEmployment and Labour Law

Dissemination of Service Grievances on Social Media Justifies Administrative Removal for Prejudicial Conduct and Indiscipline.

Cpl Sachin Kumar Solanki (Retd)v.Union Of India & Ors.

Dissemination of Service Grievances on Social Media Justifies Administrative Removal for Prejudicial Conduct and Indiscipline.. Cpl Sachin Kumar Solanki (Retd) vs Union Of India & Ors.. Delhi High Court. LawLens
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In brief

The question

1. Whether the administrative action taken under Section 20(3) of the Air Force Act, 1950, without a Court Martial, violated the principles of natural justice.

The court held

The High Court answered the issues in the negative and dismissed the writ petition.

It also directed

The Court held that there was no procedural infirmity or violation of natural justice as the Petitioner was served a Show Cause Notice and his reply was duly considered.

The Court concluded that the punishment of removal was not "shockingly disproportionate" given the prejudicial nature of the act toward service discipline.

The AFT’s order was upheld as a plausible view.

01Facts

The Petitioner, enrolled as an Airman (Communication Technician) in the Indian Air Force (IAF) in 2011, was removed from service following an administrative inquiry.

¶ 4

On 22.01.2017, the Petitioner uploaded a video to Facebook while in uniform, alleging systemic disparities between officers and airmen regarding rations, uniforms, allowances, and social treatment.

¶ 5

A Court of Inquiry was assembled, leading to a Show Cause Notice on 29.08.2017.

¶ 6

Despite the Petitioner’s reply citing mental stress and family circumstances, the Competent Authority issued a Speaking Order on 02.12.2017, ordering his removal under Section 20(3) of the Air Force Act, 1950.

¶ 7-9

The Armed Forces Tribunal (AFT) dismissed his challenge on 17.10.2025.

¶ 8

The Petitioner subsequently moved the Delhi High Court seeking reinstatement.

¶ 3

02Issues

i.1. Whether the administrative action taken under Section 20(3) of the Air Force Act, 1950, without a Court Martial, violated the principles of natural justice.

¶ 11, 22

ii.2. Whether the punishment of removal from service was shockingly disproportionate to the admitted misconduct.

¶ 11, 24

iii.3. Whether the scope of judicial review under Article 226 permits interference with military disciplinary orders in the absence of procedural patent illegality.

¶ 14-15

03Law Applied

Section 20(3) of the Air Force Act, 1950, and Rule 18 of the Air Force Rules, 1969, which empower the competent authority to dismiss or remove personnel from service.

¶ 9

Paragraph 11, Chapter VIII of IAP 3903 and Air Force Order (AFO) 17/2015, which mandate extreme caution in social media usage and prohibit the public dissemination of service-related grievances.

¶ 18

The established principle that judicial review in military matters is restricted to cases of mala fides, procedural impropriety, or "shocking" disproportionality, as the maintenance of discipline in the Armed Forces stands on a different footing than civil employment.

¶ 14-15

Provisions in the judgment · 1 · Linked ones open on LawLens

Air Force Act, 1950 Section 20

04Reasoning

The Court reasoned that the foundational facts—the recording and social media upload of the video while in uniform—were admitted by the Petitioner, negating the need for a full Court Martial trial.

¶ 17, 23

The Court found that the Petitioner bypassed established internal grievance redressal mechanisms, choosing instead a public forum, which directly violated AFO 17/2015 and tarnished the IAF’s institutional image.

¶ 18, 24

Regarding proportionality, the Court emphasized that military discipline requires strict adherence to hierarchy and morale; therefore, the Competent Authority’s decision that the Petitioner’s retention was "undesirable" was a specialized assessment that the Court should not substitute with its own view.

¶ 15, 25

The Court dismissed the Petitioner's plea regarding his mental state, noting that a member of a combatant force is held to a higher standard of conduct regardless of personal stressors.

¶ 19

05Holding

The High Court answered the issues in the negative and dismissed the writ petition.

¶ 28

The Court held that there was no procedural infirmity or violation of natural justice as the Petitioner was served a Show Cause Notice and his reply was duly considered.

¶ 21-22

The Court concluded that the punishment of removal was not "shockingly disproportionate" given the prejudicial nature of the act toward service discipline.

¶ 25-26

The AFT’s order was upheld as a plausible view.

¶ 16, 27
Delhi High Court

Original Court PDF

Cpl Sachin Kumar Solanki (Retd)vsUnion Of India & Ors.

Delhi High Court · May 19, 2026

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