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2020 Supreme(SC) 59

L.NAGESWARA RAO, HEMANT GUPTA
UNION OF INDIA – Appellant
Versus
R. KARTHIK – Respondent


Advocates Appeared:
For the Appellant(s) :ANS Nadkarni, Anmol Chandan, Deepak Goel, Kamal Kumar Pandey, A.K. Sharma, Om Prakash Shukla, Mukesh Kumar Maroria, Advocates
For the Respondent(s):Ashok Panigrahi, Anmol Tayal, S. Vinay Ratnakar, Nabab Singh, Advocates

JUDGMENT

HEMANT GUPTA, J.

1. The orders passed by the Armed Forces Tribunal, Regional Bench, Chennai are subject matter of challenge by the Union of India. Vide the said orders, the verdict dated 24th July, 2013 of Summary Trial dismissing the respondent [for short, ‘Sailor’] from service was partly modified by setting aside the order of dismissal but substituting it with punishment of 75 days detention and maintaining second part of sentence i.e. deprivation of First Good Conduct Badge.

2. The Sailor entered in Naval service on 31st July, 2008 when he was about 19 years of age having born on 1st November, 1989. He was on board INS Gharial which started sailing on 29th May, 2013. He was Writer and assigned duties in the Pay Office for preparation of pay bills and payment of salaries and maintenance of records. An unfortunate incident happened on 29th May, 2013 at about 10:00 hours when Lt. Abhishek Vardhan made a complaint requesting strict possible action against the Sailor. The complaint dated 29th May, 2013 reads as under:

    “The ship left harbour on 29 May 13 at about 0830 hrs. We were to receive Seaking C-560 onboard at 1000 hrs an so flying stations was piped & Aviation Core Team


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