Reinstatement of Naval Officer: Supreme Court Judgment on Court Martial and Punishment Reduction

The case at hand involved a dispute between the Union of India and Commander Ravindra V. Desai, a naval officer, regarding charges of misconduct that led to his dismissal from service following a court-martial. Both parties appealed against the judgment of the Armed Forces Tribunal (AFT), which had reduced the punishment.

The respondent was originally found guilty of ten charges related to obscene calls made to the wives of naval officers. The court-martial sentenced him to dismissal from service and forfeiture of 24 months of seniority. However, upon appeal, the AFT set aside the guilty finding for three charges due to misjoinder but upheld the conviction on seven charges. The AFT further ruled that dismissal from service was disproportionate and instead imposed a punishment of forfeiture of seniority by 24 months.

Arguments by the Petitioner (Union of India)

• The Union of India contended that the AFT erred in reducing the punishment from dismissal to loss of seniority, given the serious nature of the charges.
• It was argued that the evidence presented during the court-martial, including call records and witness testimonies, conclusively established the respondent’s guilt.
• The prosecution maintained that the respondent had made explicit calls to the wives of naval officers from a Vodafone mobile number registered in his name.

Arguments by the Respondent (Commander Ravindra V. Desai)

• The respondent denied making the calls, claiming that the SIM card in question was either lost or in his wife’s possession.
• He pointed out inconsistencies in the call data records and argued that they were improperly presented as evidence.
• It was also argued that there was no direct proof that he had made the calls himself.

Supreme Court’s Observations

The Supreme Court extensively examined the evidence, including call data records, witness statements, and procedural fairness in the court-martial.

Key findings included:

• The respondent had admitted to owning the SIM card from which the calls were made.
• His explanations regarding the loss of the SIM card were found inconsistent and unconvincing.
• Call records from Vodafone established that the calls originated from his registered number at times aligning with his travel and location.
• The argument about missing call details was addressed, as Vodafone officials clarified that no crucial data was omitted.

Final Judgment

The Supreme Court dismissed both appeals, affirming the AFT’s judgment. The respondent was reinstated in service but without back wages for the intervening period. The court ruled that the penalty of dismissal was excessive, and the punishment of forfeiture of seniority was deemed sufficient. The judgment balanced disciplinary concerns with fairness in sentencing.

Petitioner Name: Union of India & Ors..
Respondent Name: CDR. Ravindra V. Desai.
Judgment By: Justice A.K. Sikri, Justice Ashok Bhushan.
Place Of Incident: Mumbai and Kochi.
Judgment Date: 18-04-2018.

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