T.A. No. 244/2010. Case: Cdr. Alok Kumar Pathak Vs Union of India (UOI) and Ors.. Armed Forces Tribunal

Case NumberT.A. No. 244/2010
CounselFor Appellant: Sukhjinder Singh, Adv. and For Respondents: Jyoti Singh, Adv.
JudgesA.K. Mathur, J. (Chairperson) and M.L. Naidu, Member
IssueNavy Act
Judgement DateSeptember 17, 2010
CourtArmed Forces Tribunal


(Principal Bench At New Delhi)

  1. Present petition received on transfer from Hon'ble Delhi High Court to this Tribunal on its formation.

  2. Petitioner by this petition has prayed that an order or direction may be issued for setting aside the letters dated 31.01.2003, 03.03.2004 and 27.05.2004 of respondents and Annexure P-10 and P-17 to the extent of award of these censure letters and to the extent of withdrawal of the petitioner from Submarine cadre and consequently stopping of the Submarine allowance and lowering his ACR of 31st March, 2003. It is also prayed that consequent to that pay and allowances and arrears should be paid to him as per review performance appraisal board norms and consider him for promotion.

  3. Brief facts of the case are that petitioner was commissioned in Indian Navy as Sub. Lieutenant on 01st July, 1984 and raised to the rank of Commander due to his excellent service and he was awarded Vashisht Sewa Medal for his distinguished service. During 22 years of commissioned service the petitioner performance has been exemplary and during this period, the petitioner spent 16 long years at sea in various capacities. Petitioner was the Commander Officer at INS Sindhu Rakshak, one of the highly potent and front line Submarine of the Indian Navy. It is alleged by the petitioner that an unfortunate incident happened for which he was punished under the Navy Act by awarding of Censure letters. But grievance of the petitioner is that he was removed from Submarine against principle of natural justice without giving a show cause notice and without the knowledge and recommendations of the competent authority i.e. Flag Officer Commanding Western Naval Command, Mumbai by the order dated 18th May, 2004. In fact petitioner was involved in three incidences when he was Commanding Officer of the INS Sindhu Rakshak and in all the three incidences he was found guilty and he was accordingly punished but finally on that basis he was withdrawn from the Submarine Cadre. Therefore, main grievance is with regard to withdrawal from Submarine Cadre by the order dated 18th May, 2004 against breach of principle of natural justice.

  4. Respondents in their reply has pointed out that petitioner was found guilty on three occasions which damaged the Submarine in one case. He was found guilty in hitting the sand dune and damaged Submarine and in second incident he was entangled with fish boat and in third incident he was found hitting the Jetty and...

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