(1.) THESE Intra Court appeals at the instance of the Union of India represented by its Secretary, Ministry of Defence and the Director General of Coast Guard challenge the order dated 17 July 2009 in W.P.Nos.16123, 16924 of 1998 and 57 of 1999 setting aside the punishment of dismissal awarded to the respondents by the Commanding Officer, Coast Guard Station, Chennai and the consequential order of re-instatement with backwages.
(2.) THE BACKGROUND FACTS: The respondents were working as Coast Guards attached to the Coast Guard Station at Chennai. While so, the respondents were arrested on 17 July, 1998 on charges that they conspired together to send anonymous letters to the higher authorities with the object of highlighting their demands with respect to the implementation of the recommendations made by the Fifth Pay Commission, failing which, it was threatened that they would sabotage the ships and air crafts. This was followed by a charge sheet dated 11 August, 1998. The respondents in their explanation to the charge sheet denied the allegations levelled against them. Thereafter, the Commanding Officer authorised the Deputy Commandant to prepare the record of evidence pertaining to the charges levelled against the respondents. Accordingly, the said officer recorded the evidence and submitted a report to the Commanding Officer. The Commanding Officer on the basis of the record of evidence, imposed the following punishment to the respective respondents.
(3.) THE Coast Guard Act and Rules does not contain remedy of appeal against the order passed by the Commanding Officer. THErefore, the learned Single Judge proceeded to consider the matter on merits and particularly, with reference to the relevant file. Since the concerned employees were awarded Simple Imprisonment besides the major penalty of dismissal from service, the learned Single Judge wanted the Coast Guard to produce the original records. However, the Coast Guard pleaded their inability as according to them, they have lost or rather misplaced the file during the time of shifting the Coast Guard Station.