JUDGMENT - P.S. PATANKAR, J.:---The petitioner, who was working as Topass (Sweeper) with Indian Navy, by this petition is challenging his dismissal order dated 4-4-1997 passed by Commanding Officer INS ANGRE and subsequent approval thereof by the Union of India on 19-1-1998. He is further praying that he be reinstated in service.

2. The petitioner was working in the category of Sailor as Topass (First Class) with Indian Navy. It seems that initially he was working on ship by name INS Viraat and later on came to be transferred to INS Agnibabu. According to the petitioner when he was working in INS Agnibabu his Commanding Officer asked him to go to his home for some work. When he went home, wife of Commanding Officer asked him to take her clothes for washing to the Dhobi. He declined the same on the ground that he was not a civilian. She informed this to the Commanding Officer and thereafter all his stars changed. He was harassed from time to time by the said Commanding Officer and he has been given punishments. Later on he came to be transferred from INS Agnibabu to INS Angre. According to him the harassment culminated in the dismissal order. Hence it is mala fide and arbitrary.

3. By

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