The Sailor entered in Naval service on 31 st July, 2008 when he was Signature Not Verified about 19 years of age having born on 1 st November, 1989.
Being the Aviation Officer of the ship, I went to helo deck to prepare the deck for flying.
It is the said order which was challenged by the Sailor by way of an Original Application before the Tribunal.
When I mustered the Aviations Core Team, Karthik, WTR I was missing.
He 174052 IST Reason 1 for short, Sailor 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 29 th May, 2013 at about 1000 hours when Lt.
Abhishek Vardhan made a companyplaint requesting strict possible action against the Sailor.
It was admitted by the Sailor that it was a reflex action to the provocation and he immediately companyled down and owned up his mistake voluntarily.
The Investigating Officer referred the case to Executive Officer.
I then lost my companyl and shouted back at him abusing him.
They were number cross examined by the Defending Officer.
After this I was asked to go to helo deck by EXO ensure safe recovery of SC 560.
The companyplaint dated 29 th May, 2013 reads as under The ship left harbour on 29 May 13 at about 0830 hrs.
Ishwar Chandra, Investigating Officer.
It was with this faith in Indian Navy that I did number hit the sailor back and I hope that my faith in the system remains so.
When I asked him about the delay, he said that he had closed for SSD.
After about 15 20 minutes and 2 more announcements Karthik, Writer, I, finally came to helo deck.
I did number shout at him further or even touch him, I called a Regulating Sailor who was in Helo Hanger told him to take Karthik, Writer to Executive Officer in bridge.
I told the whole episode to the Executive Officer EXO took us to Commanding Officer and I apprised him of the situation.
Post ground run, I was told by POA AH Gupta that Karthik, Writer did number companye for Aviation Core Team again.
Vide the said orders, the verdict dated 24 th July, 2013 of Summary Trial dismissing the respondent1 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.
I do number think that such an offence should be accepted by anyone and the most strict possible action be taken against the sailor.
The Executive Officer companyducted the proceedings on 1st June, 2013 wherein the abovenamed three witnesses were again examined.
It may be stated that the three witnesses examined either before the Investigating Officer or before the Executive Officer have denied the incident as alleged.
He then hit me with his fist on my left cheek abused me.
Abhishek Vardhan was neither cited as a witness number was examined either by the Investigating Officer or by the Executive Officer.
We were to receive Seaking C 560 onboard at 1000 hrs an so flying stations was piped Aviation Core Team was mustered on helo deck.
However, the Chief of Naval Staff on 19th July, 2013 passed an order of dismissal of Sailor from Naval Service and deprivation of First Good Conduct Badge.
After this when at 1400 hrs.
The Commanding Officer found the charges to be proved of an offence under Section 45 a of the Navy Act, 1957 2 and recommended the detention for a period of 60 days and deprivation of First Good Conduct Badge.
I called up bridge and requested SSD OOW to announce for him.
The Sailor is number aggrieved against the order passed by the Tribunal substituting punishment of deprivation of First Good Conduct Badge.
Vivek Rajput was provided to the Sailor as a Defending Officer.
acting as Executive Officer, referred the case to the Commanding Officer on 1st June, 2013.
I companyposed myself went to the helo deck for recovering SC 560.
Aviation Core Team was asked to muster in helo deck again, Karthik, Writer I did number companye to helo deck once against.
Ganesh Kumar Tiwari, Tara Chand Nehra and Vikash Sharma were examined as witnesses.
The accused was brought before the Investigating Officer on 29 th May, 2013 at 1600 hrs.
I asked POA AH Gupta to announce for him went to oversee the ground run of SC 560.
On the basis of such companyplaint, the investigations were companyducted by Lt.
HEMANT GUPTA, J. The orders passed by the Armed Forces Tribunal, Regional Bench, Chennai are subject matter of challenge by the Union of India.
He was Digitally signed by DEEPAK SINGH Date 2020.01.21 on board INS Gharial which started sailing on 29 th May, 2013.
