UDAY DAS Vs. THE UNION OF INDIA

JUDGEMENT

(1.) The grievances of the petitioner are two : (1) On the basis of the show-cause notice dated April 23rd, 2004 the respondents cannot try him for an offence, as provisions of the Coast Guard Act, 1978, Sec. 51(2), create a bar; (2) In an unreasonable and unfair manner the respondents have issued orders dated March 19th and 20th, 2005 directing him to report at once or to face arrest on the basis of a warrant to be issued by the competent authority.

(2.) Regarding the second grievance, counsel argues that since the petitioner was on leave, there was no reason for the authority to demonstrate the threat of arrest or to direct him to report at once.

(3.) Hence I am of the view that by directing the petitioner to report at once or to face arrest, the respondents did not act illegally or unreasonably or unfairly.