SHANTILAL NAGARWAL Vs. UNION OF INDIA

JUDGEMENT

(1.) This petition is directed against Order dated 19.12.2002 by the Chief of Naval Staff upon a judicial review of trial of petitioner by Court martial whereby punishment of "dismissal with disgrace" imposed upon the petitioner was reduced by the Chief of Naval Staff to dismissal simplicitor.

(2.) Facts which are relevant for deciding this petition are as under:

(3.) Petitioner was not on duty on 06.04.01. At 7.30 p.m., he received a message that he had to report immediately to Lt. Commander A. Muthu. On reaching the office of Lt. Commander, an exchange of words ensued. It was alleged that Petitioner had assaulted and wrongfully restrained the Lt. Commander. After Petitioner returned to his residence, he was picked up by authorities and kept under arrest. A board of enquiry was ordered.