The Supreme Court of India has
refused to grant relief to an Officer Cadet of the Indian Navy who was reverted
to his original rank and returned to his Unit from the Naval Academy where he
was training to become a Commissioned Officer.
The Officer Cadet was originally
a sailor in the ranks who was selected for a Commission for which he was
training in the Naval Academy. He was, however, relegated twice for infractions
such as possession of pornography, cigarettes and belongings of other Cadets. On
one occasion, even a ‘seal’ of the government was found on him. After issuing
him with Show Cause Notices twice, and finding no improvement in his behaviour,
the Navy decided to revert him back to his service in the ranks without loss of
seniority
The action of the Navy was
challenged by him before the Armed Forces Tribunal which dismissed his case.
Thereafter he challenged the verdict of the Tribunal by way of a direct statutory
appeal to the Supreme Court.
In the Supreme Court, it was
averred that the principles of natural justice were not followed, and that, as
per regulations, it was only the Central Government which could have ordered
his reversion to the ranks.
Dismissing his appeal, the Supreme
Court has held that the regulation cited by the sailor pertained to termination
of service which the Navy did not resort to since he was only reverted back to his
original service and cadre without terminating his services. The Court has
observed that the Navy did not find him possessing the qualities as required by
a Commissioned Officer and it had the full authority under law to take the action
it had resorted to.
The judgment can be accessed here.
