NOCHUR R VASUDEVAN Vs. UNION OF INDIA

JUDGEMENT

(1.) These four Writ Petitions are being disposed of by common judgment, as they raise common question of facts and law.

(2.) For the purpose of facts, we will be taking into consideration Writ Petition No. 1160 of 2007 filed by Nochur R. Vasudevan. The petitioner is a serving sailor in the Indian Navy, holding the rank and status of Medical Assistant, First Class. He had joined the Navy as Medical Assistant, and after some time, got promoted to the rank of Leading Medical Assistant with effect form October 11, 2003. In mid-August, 2004, he received a signal from the Flag Officer Commanding-in-Chief, Western Naval Command, Mumbai, by which he was asked to report to INS KUNJALI for investigation of a case alleged to have taken place between 1st November, 2002 and 31st October, 2003. He was brought in close custody under escort. Some other persons were also brought like him. The petitioner was questioned whether he knew anything about the leaking of recruitment medical examination results at INHS ASVINI and whether he had any involvement in the leaking of the results. According to his petition, he defended himself, and informed the officer that he was working with First Lieutenant Office, and as such, he had no concern or access to the results of examination or even with anything connected to the recruitment. He alleged that the R.P.O. was directed by Nahar Singh, Master Chief-At-Arms, to beat the petitioner and he was beaten in the presence of LT.CDR P. Rawat. In these circumstances, it is alleged that a confession was taken from him, which ultimately became the basis for grant of punishment to him. He was punished 90 days in detention quarter. He was also reduced in rank and he was deprived of Good Conduct Badge.

(3.) Counter has been filed. Most of the allegations levelled in the petition against the officers have been denied. The facts, as alleged, the assertions made by the petitioner and denied by the respondents lose importance in the light of what we have found from the record of the case. Therefore, without going into full scrutiny of the trial, quality of evidence and admissibility of evidence, we would be deciding this question on a short point.