Naval officer convicted for obscene calls to spouses of colleagues: Supreme Court of India affirms conviction but directs reinstatement

The Supreme Court of India has dismissed two cross appeals filed by the Government and an accused officer in a case where the said officer of the Indian Navy was convicted by a Court Martial for making sexually explicit calls to wives of his colleagues.

A Court Martial had convicted the officer for the said offence and had awarded him dismissal from service and loss of seniority for 24 months. The Armed Forces Tribunal had however set aside the dismissal and had directed his reinstatement in the Navy, though it had maintained the conviction and the other part of the sentence.

Both the Government as well as the officer had challenged the verdict in the Supreme Court.

The Supreme Court has dismissed both appeals and upheld the order of the Armed Forces Tribunal. The Apex Court has agreed with the appreciation of the evidence of the Court Martial by the Tribunal.

The officer has been directed to be re-instated into service but without the back-wages from the date of dismissal till date of reinstatement on the principle of ‘no work no pay’. He will also suffer the other part of the punishment, that is, loss of seniority for 24 months.