D A PERUMAL Vs. UNION OF INDIA

JUDGEMENT

(1.) THE petitioner, who was working as Topass (Sweeper) with Indian Navy, by this petition is challenging his dismissal order dated 4-4-1997 passed by Commanding Officer INS ANGRE and subsequent approval thereof by the Union of India on 19-1-1998. He is further praying that he be reinstated in service.

(2.) THE petitioner was working in the category of Sailor as Topass (First Class) with Indian Navy. It seems that initially he was working on ship by name INS Viraat and later on came to be transferred to INS Agnibabu. According to the petitioner when he was working in INS Agnibabu his Commanding Officer asked him to go to his home for some work. When he went home, wife of Commanding Officer asked him to take her clothes for washing to the Dhobi. He declined the same on the ground that he was not a civilian. She informed this to the Commanding Officer and thereafter all his stars changed. He was harassed from time to time by the said Commanding Officer and he has been given punishments. Later on he came to be transferred from INS Agnibabu to INS Angre. According to him the harassment culminated in the dismissal order. Hence it is mala fide and arbitrary.

(3.) BY filing reply, Commanding Officer Shri M. S. Joshi INS Angre has not only denied the allegations of mala fide etc. but has given the service record of the petitioner. He has pointed out that before August 1996 petitioner was required to be declared "run" twice. At the time also all the required procedure was followed in May 1996. Not only letter of stigma was issued, but warrant of arrest was also issued against him. On 2-6-1996 the petitioner telephonically informed that his mother has expired on 13-5-1996 hence asked for extension of his leave. Though leave was not available to his credit, he was granted compassionate leave for the following year i. e. advance annual leave and warrant issued against him came to be reversed and the Genform making the petitioner Run. But again he remained absent without leave from 16-6-1996 and was marked as Run. But he surrendered on 20-6-1996.