UNION OF INDIA Vs. R. KARTHIK

JUDGEMENT

(1.) 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 24 th 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.

(2.) The Sailor entered in Naval service on 31 st July, 2008 when he was about 19 years of age having born on 1 st November, 1989. He was on board INS Gharial which started sailing on 29 th 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 29 th May, 2013 at about 10:00 hours when Lt. Abhishek Vardhan made a complaint requesting strict possible action against the Sailor. The complaint dated 29 th May, 2013 reads as under:

(3.) On the basis of such complaint, the investigations were conducted by Lt. Cdr. Ishwar Chandra, Investigating Officer. The accused was brought before the Investigating Officer on 29 th May, 2013 at 16:00 hrs. Ganesh Kumar Tiwari, Tara Chand Nehra and Vikash Sharma were examined as witnesses. The Investigating Officer referred the case to Executive Officer. The Executive Officer on 1st conducted the proceedings June, 2013 wherein the abovenamed three witnesses were again examined. Lt. Vivek Rajput was provided to the Sailor as a Defending Officer. They were not cross-examined by the Defending Officer. Jenish George, Lt. Cdr., acting as Executive Officer, referred the case to the Commanding Officer on 1st June, 2013. It may be stated that the three witnesses examined either before the Investigating Officer or before the Executive Officer have denied the incident as alleged. Lt. Abhishek Vardhan was neither cited as a witness nor was examined either by the Investigating Officer or by the Executive Officer.