RAJ KUMAR M E Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioner has sought in the present writ petition records of the Summary Court Proceedings conducted by the Commanding Officer on 16th September, 1995. He has also sought that the punishment imposed on the petitioner of demotion to the first rank be quashed and he be restored to his original rank with all consequential benefits such as payment of entire difference of salary, emoluments, etc. and to restore his rank to the other time scale promotion which the petitioner would have earned in the absence of the Court of Inquiry being initiated against him. The petitioner has also claimed all the salaries of his eligible rank and emolument be paid to him in the facts and circumstances.

(2.) Brief relevant facts to comprehend the controversies are that the petitioner joined the Navy on 10th July, 1981 as a Metric Entry Recruit (MER). He was posted on various ships on various dates. For an incident that occurred on 29th October, 1994, a signal dated 2nd August, 1995 was received from INS Vikrant at Calcutta for sending the petitioner for Court Martial or trial by the Commanding Officer at Bombay for the trial commencing on 6th August, 1995.

(3.) The petitioner disclosed that on 2nd August, 1995 another signal was received from FOC-in-C (West) to FOC-in-C (East) for providing the petitioner for summary trial. Another signal was received on 4th August, 1995 from FOC-in-C (East) for requiring the presence of the petitioner at Bombay at INS Vikrant.