K. S. SAHU Vs. UNION OF INDIA

JUDGEMENT

(1.) This is an appeal under Sec. 31 of the Armed Forces Tribunal Act, 2007 by which, an exception has been taken to the judgment and order dtd. 27/8/2013 passed by the Armed Forces Tribunal (for short, the said Tribunal), Regional Bench, Kochi.

(2.) On 31/7/2002, the appellant joined Indian Navy as a sailor. The appellant was selected by the Service Selection Board to undergo training for being commissioned as an officer. He underwent initial training at INS Mandovi at Goa for a period of two years from 7/7/2002. On 21/6/2009, he was sent for training at Indian Naval Academy, Ezhimala (for short, INA). He was required to complete 5th and 6th terms of training at INA. On 1/12/2010, a communication was issued by the Integrated Headquarters of the Ministry of Defence (Navy), Government of India informing that the competent authority has accorded approval to the withdrawal of the appellant from INA and revert him to his original rank and branch as a sailor without loss of seniority. Being aggrieved by the said decision, the appellant filed Original Application under Sec. 14 of the Armed Forces Tribunal Act, 2007 before the said Tribunal. By the impugned judgment, the Original Application has been dismissed.

(3.) The learned senior counsel appearing for the appellant pointed out the order dtd. 27/8/2013, passed by the said Tribunal by which leave has been granted under sub- Sec. (1) of Sec. 31 of the Armed Forces Tribunal Act, 2007 as three questions of general public importance were involved. The first question was whether the appellant who was a service cadet could be withdrawn from the course in INA without following the principles of natural justice. The second question was whether Regulation 216 of the Navy (Discipline and Miscellaneous Provisions) Regulations, 1965 (for short the said Regulations) could be invoked against a service cadet. The third question was whether, after completion of the course and receipt of the certificates, the applicant could be withdrawn.