KRISHNA DIXIT (NVK WTR) Vs. UNION OF INDIA

JUDGEMENT

(1.) As per facts involved, the petitioner after his enrolment as a Navik in the Indian Coast Guard (hereinafter referred to as "ICG") in the year 2014 completed the training and was posted to ICGS Amogh at Paradip, Odisha. The petitioner claims to have proceeded on Earned Leave (E/L) from 21/10/2016 to 15/11/2016 after due recommendation by the Commanding Officer. However, on 28/10/2016, i.e. within a few days of his leave, first a "run signal" was raised against the petitioner and then upon his return to the Ship on 15/11/2016, all his personal items were confiscated. In fact, the respondents depicted his return as a "surrender" in their official record.

(2.) Thereafter, a Record of Evidence (hereinafter referred to as "RoE") was conducted against the petitioner under Sec. (s) 26/33(c) of the Indian Coast Guard Act, 1978 (hereinafter referred to as "ICG Act") for Absence Without Leave as also for stealing the Ship"s Imprest Accounts Register (hereinafter referred to as "IAR") and eventually losing it. After that, in a Summary Trial conducted against the petitioner, vide order dtd. 24/11/2016, a punishment warrant was issued whereby he was awarded a punishment of 90 days Close Custody/ Detention in Quarters (DQ), 60 days mulcts of pay and 60 days stoppage of leave. As a result, the petitioner was detained at ICGS Kunjali at Mumbai, Maharashtra till his release on 8/3/2017. Subsequently, vide letter dtd. 16/10/2017, the petitioner was informed by the PCDA (Navy) that a recovery of pay and allowance amounting to Rs.1,27,974.00 for the period from 9/12/2016 to 7/5/2017 was made from his account.

(3.) Thereafter, the petitioner on 13/11/2017 filed a petition under Sec. 119 of the ICG Act before the Director General, Indian Coast Guard. Having not received any response from the respondents, the petitioner filed the present petition under Article 226 of The Constitution of India seeking the following reliefs:-