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In this case of UNION OF INDIA & ORS. VERSUS R. KARTHIK, the orders passed by the Armed Forces Tribunal, Regional Bench, Chennai are subject matter of challenge by the Union of India. Vide the said orders, the verdict dated 24th July, 2013 of Summary Trial dismissing the respondent1 from service was partly modified by setting aside the order of dismissal but substituting it with punishment of 75 days detention and maintaining second part of sentence i.e. deprivation of First Good Conduct Badge. In this case The Sailor entered in Naval service on 31st July, 2008 when he was about 19 years of age having born on 1st November, 1989. He was on board INS Gharial which started sailing on 29th May, 2013. He was Writer and assigned duties in the Pay Office for preparation of pay bills and payment of salaries and maintenance of records. An unfortunate incident happened on 29th May, 2013 at about 10:00 hours when Lt. Abhishek Vardhan made a complaint requesting strict possible action against the Sailor.
The Commanding Officer found the charges to be proved of an offence under Section 45(a) of the Navy Act, 19572 and recommended the detention for a period of 60 days and deprivation of First Good Conduct Badge. However, the Chief of Naval Staff on 19th July, 2013 passed an order of dismissal of Sailor from Naval Service and deprivation of First Good Conduct Badge. It is the said order which was challenged by the Sailor by way of an Original Application before the Tribunal. The Tribunal found that the Sailor was a member of Aviation Core Team and was on actual duty. He did not report for duty when called upon to do so. The Sailor has sought to justify his action on the ground that he was not required to do so as ordered by his Chief Writer. The Tribunal found that the statement of Suraj Pradhan in respect of a past incident in August, 2012 was not made before the Sailor and no opportunity was given to him to cross-examine the witness.
The Tribunal found the use of force by the Sailor was not premeditated or deliberate but was a consequence of provocation in the form of use of abusive language by a superior officer. It was admitted by the Sailor that it was a reflex action to the provocation and he immediately cooled down and owned up his mistake voluntarily. The officer has handled situation poorly and the use of abusive language to subordinates is an unbecoming act of an officer. It is also found that Lt. Abhishek Vardhan was found guilty of an act of using profane/abusive language under Section 74 of the Act and was given a punishment of one-month loss of seniority. It appears that the punishment given to the officer was light in nature and, therefore, given the extenuating circumstances under which the whole episode occurred, the applicant’s plea for mitigation ought to have been considered. Viewed in light of the above, we are of the considered opinion that the sentence of dismissal from service awarded to the applicant by the Chief of Naval Staff is disproportionate and excessive.”
After holding so, the punishment of dismissal was set aside by substituting it with a punishment of 75 days detention which detention the Sailor has since undergone. The supreme court after hearing the matter held “We find that the view taken by the Tribunal is not patently illegal warranting interference in the present appeal. The appeal is accordingly dismissed. However, it is directed that the respondent shall be reinstated within two months but shall not be entitled to any back wages from the date of dismissal till reinstatement but he shall be entitled to computation of all consequential benefits including pay fixation.”
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