08 February 2024 Administrative Law >> Constitution & Law Procedure   |   Disciplinary Proceedings >> Workplace/ Professional Related  

In a recent judgment, a writ petition filed by a former Navik (sailor) in the Indian Coast Guard (ICG) challenging disciplinary action was dismissed. The petitioner sought to quash a summary trial's punishment for unauthorized leave and alleged theft of the Ship's Imprest Accounts Register (IAR).

The Petitioner's Contentions:

• The petitioner asserted the existence of approved leave encompassing the period of the alleged offenses.
• He argued the IAR entry dated during his leave period exonerated him from the theft accusation.
• The petitioner further contended that the Record of Evidence (RoE) proceedings were tainted by bias.

The Respondent's Rebuttals:

• The ICG countered by establishing the petitioner's unauthorized departure from the ship while operational orders were in effect.
• The respondents maintained that a fair summary trial resulted in a legitimate punishment for the theft of the IAR.
• They highlighted the time-barred nature of the petitioner's challenge under Section 119 of the ICG Act, 1978.

The Court's Reasoning:

• The court, upon scrutinizing the evidence, found the petitioner's leave record inconclusive.
• The court determined that the lost IAR rendered the cited entry irrelevant to the theft allegation.
• No evidence of mala fide on the respondents' part in handling the time-barred petition was established.
• The court emphasized the lenient nature of the punishment awarded under Section 57 of the ICG Act.
• The petitioner's subsequent act of leaving his unit without following protocol further undermined his position.

Conclusion:

• In light of the aforementioned factors, the court found no merit in the petition.
• Consequently, the writ petition was dismissed, upholding the ICG's disciplinary actions.

Key Takeaways:

• The onus of establishing approved leave falls squarely on the petitioner.
• Lost records can significantly weaken arguments based on their entries.
• Strict adherence to time limitations for petitions is crucial.
• A history of indiscipline can negatively impact a service member's legal standing.

This judgment serves as a reminder of the importance of adhering to established procedures regarding leave and maintaining unit discipline within the Indian Coast Guard.