16.11.2009. 2.1 The incident in question occurred on 17.05.2010, at about 14.20 hrs when he was returning home from duty. On his way back, he had 1to stop at a railway crossing in a civil area which was closed. The gate was closed due to transit of a train. The allegation against the appellant is that, instead of waiting behind the vehicles already in line at the railway crossing, he overtook all the vehicles, went straight ahead and parked his motorcycle in front of the railway gate. 2.2 Respondent No. 7 a Sqn Ldr (Squadron Leader) who was also waiting for the railway barrier to open, approached the appellant and in ‘exercise of the responsibility’ conferred on officers of the Air Forces under Para 565 of the Regulations questioned the appellant for overtaking all vehicles, pulled out the motorcycle keys and directed the him to park his motorcycle in Guard Room. The respondent no. 7 handed over the keys to Duty NCO and informed the appellant that his motorcycle is being confiscated