The Ministry of Defence, on September 2026, notified the Reserve and Auxiliary Air Forces (Holding Inquiry and Appeal) Rules, 2026 under the Reserve and Auxiliary Air Forces Act, 1952. The Rules prescribe the procedure for holding inquiries and adjudicating penalties for contraventions of Section 30 of the Act, and will come into force from the date of their publication in the Official Gazette. An adjudicating officer is defined as the Wing Commander appointed under Section 30A(1), while the appellate authority is an officer at least one rank higher appointed under Section 30A(2).
The Rules establish a show-cause and inquiry procedure. On receiving a complaint indicating a contravention, the adjudicating officer must issue a notice in Form-A giving at least seven days to respond. Where an inquiry is warranted, the person concerned is required to appear personally or through an authorised representative and is given an opportunity to produce relevant documents and evidence. The adjudicating officer may require attendance of persons acquainted with the case and may proceed in the person's absence where they fail or refuse to appear. If a contravention is established, a written, reasoned and signed order imposing the applicable penalty may be issued, and the proceedings are required to be completed within 30 days from issuance of notice.
Any person aggrieved by the adjudicating officer's order may file an appeal in Form-C within 30 days of the order, with provision for condonation where sufficient cause is shown. The appeal must include the impugned order, statement of facts and grounds of appeal and may be filed personally, through an authorised representative or advocate, by registered speed post or electronically. The respondent may submit a reply within 30 days of service, and the appellate authority may call for the relevant records, hear the parties and pass appropriate orders. The appellate authority is required to dispose of the appeal within 60 days from its admission.
[S.R.O. 56(E)]
