SURENDRAN Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioner was an officer in the Indian Navy. He had been given a posting as Base Victualling Officer at Port Blair between August, 1989 and May, 1992. While working there, he had been selected for Staff Course in the Defence Service Staff College, Willington and he was relieved from Port Blair in May, 1992. After the training he was posted at Cochin in April, 1993. He was about to be promoted as Commander, but this position was not conferred on him and instead Court Martial proceedings were initiated against him at Port Blair.

(2.) It is not in dispute that he was duly informed about the 7 charges which were levelled against him. He had been subjected to questioning. After this procedure, a Court Martial had been constituted. The Court Martial found the petitioner guilty of charges excepting charge No. 5 and on 12.3.1995 the following sentence was imposed on him:

(3.) The petitioner had been relieved from Naval service immediately thereafter. He had remitted the fine that had been imposed on him. Thereafter, he had submitted a petition on 31.8.1995 before the Judge Advocate General seeking a judicial review. A copy of the above petition is produced as Ext. P5. It is submitted that he had been given a personal hearing in the matter on 26.6.1996. But thereafter, by order dated 24.10.1996, he was advised that the Chief of Naval Staff (for short CNS) had retained the conviction and sentence. A copy of the said order is produced as Ext. P6, in the following terms: