The Hon'ble Courts have time and again ruled that natural principles of justice form the golden thread of jurisprudence in any developed society. Courts have also held that natural principles of justice cannot be bye-passed even if there is no explicit provision reflecting the same in the rule book. The Chandigarh Bench of the AFT took a call on the subject in an administrative matter earlier this year in Atul Batra Vs UOI when a sailor ordered to be discharged from service on the basis of 'Services No Longer Required' (SNLR) was ordered to be re-instated since no show-cause notice was issued to him. The plea that the rules did not provide for the issuance of a show-cause notice was rejected by the Tribunal.
The Chennai Bench has now settled another issue in a landmark decision which should go a long way in bringing about a change in the manner in which we view such cases. The decision based on the interpretation of Regulation 30 of the Regulations for the Navy (Part II, Statutory) can be accessed by clicking here.
Interestingly, while the Rules and Regulations in the Army and the Air Force have their inherent checks and balances, the same is lacking at places on the Naval side. But with proactive decisions of various Benches of the AFT, I am sure things would change for the better and perhaps even rules would be promulgated to bring the existing provisions in line with the Constitution of India and well settled principles of law.
ARCHIAC LAWS NEED CHANGE, WHICHEVER SERVICE IT MAY BE, SO THAT JUSTICE IS NOT DENIED AND DELAYED
ReplyDeleteI beg to differ with the views put forward in your article which is nothing but quoting of two recent judgements of honourable courts. Procedures are followed to the last alphabet in the Navy. These rules have stood the test of time even in the Apex courts. Mere instance of two cases going against does not prove anything. that way far more cases are going against the other two services.
ReplyDeletehello maj navdeep
ReplyDeletethank for giving a valuable information my father is hony nb sub and retired in 1984. he fought three war ( two against pak and one against china) but till date he is struggling for a good pension this decision of sc is a gift for him now he is in 111 candidates who submitted case in chadigarh aft and finally sc uphold that decision. i am helping him now i read this blog and sent this information to them in himachal pradesh by email. they all 111 nb sub are happy but waiting govt order in the case if sir u have some information pls email on virubhai1970@yahoo.in or telephone no is 09039410053 thanks in our eyes u are a real hero u help all serving and ex pbor by sharing a valuable information
In the Navy, they have a system of warning and opportunity to improve prior initiating case for discharge. This is a speaking order cum warning by the Commanding Officer in the presence of the accused and his defending officer. BOth have opportunity to give their point of view....The performance of the individual is reviewed after this warning. Only those individuals who do not show improvement are actioned upon. This goes one step further than show cause notice procedure.....
ReplyDeleteContrary to what has been stated in the blog, naval law is far more tailored towards the rights of the accused than army law.
ReplyDeleteIn the case quoted (re INS Dega) the CO clearly erred in not offering the option of a Court Martial as he decided to award punishment of reduction in rank. This is not the fault of the system, but that of an individual. The command JA and/or the JAG (Navy) should have caught it.
On the other hand, you should know that all verdicts of Court Martial are automatically subjected to judicial review by the JAG (Navy). He can recommend to the CNS to reverse a conviction or reduce the sentence. However, an acquittal cannot be reversed nor can a sentence be enhanced. This is more than the rights of civilians in civil courts. There the state can appeal against an acquittal and/or sentence awarded.
I am Atul Batra .More than One year have been Past I have not Receieved My Exserviceman Quota
ReplyDeleteIn this type of matter the Honble AFTs have recently settled a number of such discharge cases viz SK Math vs UOI, Jagdish Chander vs UOI, KL Sharma vs UOI. All have been ruled in favour of the Navy. All advised to read up these judgements.
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