JUDGMENT

Manoj Jain, J.

1. Petitioner seeks setting aside of his dismissal order dated 20.12.2005 as well as order dated 15.06.2006 whereby the Appellate Authority has rejected his request for reinstatement.

2. Petitioner joined as Navik (Domestic Branch) in Coast Guard on 17.09.2004. During October, 2005, he was posted at Indian Navy Ship - Hamla. One Sh. Keloth J Joseph, a Keralite was his instructor who was inimical to him. However, the petitioner had brotherly relationship with another Keralite i.e. trainee S. Sujith, Navik (Cook).

3. According to petitioner, his instructor cooked up a plan to teach him a lesson.

4. News was spread that ATM Card of Sh. S. Sujith had been stolen by the Petitioner and he had misused the same and withdrawn money using said ATM card. His instructor took him to the Commanding Officer of the Ship and was forced to make admission.

5. According to petitioner, Sh. S. Sujith had himself handed over his ATM Card to him for withdrawing a sum of Rs. 3,000/- and also shared its ATM PIN with him. Petitioner, accordingly, withdrew the money for him who even got back his ATM Card as well as the amount withdrawn thereunder.

6. Petitioner claims that there was never any