High Court Allows Navy Employee's (A Sailor's) Petition Against Punishment

“Punishment meted out in violation of the principles of natural justice and regulations applicable to Navy”

The Delhi High Court has allowed a 16-year-old petition of an employee of the Navy challenging the reduction of his rank, withdrawal of good conduct badges and a ban on leave for 60 days, saying that the punishment was meted out to the employee in violation of the principles of natural justice and the rules and regulations applicable to the Navy.

Allowing the petition, a Division Bench of the Court comprising Justice Anil Kumar and Justice Sudershan Kumar Misra said: “In the facts and circumstances the writ petition is allowed. The finding and the sentence of reduction in rank, deprivation of third, second and first good conduct badges and stoppage of leave for a period of 60 days imposed by the Summary Court on September 16, 1995, is set aside.”

‘Restore rank'

“The petitioner shall be entitled to restoration of his rank and badges and all the consequential benefits including promotions and pay,” the Bench said.

The Bench also imposed costs of Rs. 20,000 on the Navy payable to the petitioner. The Bench dismissed the argument by the Navy that the petition was immature as the petitioner's representation to the competent authority against the penalty imposed on him was pending, saying that the petition is pending for the last 16 years and at this stage to send the petitioner back to make a statutory representation will be unjust and denial of another reasonable opportunity to the petitioner.

The Navy had imposed the penalty on the petitioner holding him guilty of negligence of duty while doing a repair work on a ship resulting in the death of an employee.

The petitioner had challenged the punishment awarded to him arguing that he was held guilty without following the due process and allowing him an opportunity to defend himself. 
High Court Allows Navy Employee's (A Sailor's) Petition Against Punishment