ABBAS MOHIDEEN Vs. GOVERNMENT OF INDIA

JUDGEMENT

(1.) I have heard the arguments of G. Rajagopalan, learned senior counsel leading S. Thiruvenkataswamy, learned counsel appearing for the petitioner, P. Wilson, learned assistant Solicitor General of India representing the respondents 1 to 4 and K. Karma, learned senior Central Government standing counsel for the respondents 5 to 8 and have perused the records.

(2.) THE petitioner in this petition challenges the order dated October 29,2003 passed by the second respondent wherein and oy which he was given the sentence of dismissal from the coast Guard.

(3.) THE petitioner joined the Coast Guard as an Assistant Commandant (Technical) which is class I Group A Cadre, on August 6, 1989. On completion of his training and probation, he was posted to work in several Ships in the western Command. Thereafter, he joined the eastern Command on Board C. G. S. Jija Bai stationed near the Paradeep Port on August 12, 1993. According to the petitioner, the fifth respondent was the Commanding Officer on may 24,1994 on the said ship. On October 18, 1994, it is stated that two Thailand trawlers were found in the international waters and the fifth respondent, without any authority, apprehended the trawlers and brought them to the Indian waters. He also boarded the said trawlers and using the crew of the ship Jija Bai under his instructions, the Thai trawlers were looted. Thereafter, it was taken to Paradeep Port on October 19, 1994.