IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN FRIDAY, THE 15TH DECEMBER 2006 / 24TH AGRAHAYANA 1928 OP.No. 18488 of 2000(A) -------------------------------------- PETITIONER: --------------------- JOSE GEORGE EX-STD-I, MANIKAMKOTTIL HOUSE IRUMPANAM-P.O., KOLLAMPADY JUNCTION, CHITRAPUZHA, ERNAKULAM DISTRICT BY ADV. SRI.JOBY JACOB PULICKEKUDY SRI.VARGHESE C.KURIAKOSE RESPONDENTS: ------------------------- 1. UNION OF INDIA REP. BY SECRETARY TO GOVERNMENT DEFENCE DEPARTMENT IN THE MINISTRY OF DEFENCE, NEW DELHI. 2. CHIEF OF THE NAVAL STAFF NAVAL HEADQUARTERS, NEW DELHI 3. COMMODORE BUREA OF SAILORS CHEETAH CAMP, MANKHURD BOMBAY 400 088. 4. FLAG OFFICER, COMMANDING -IN- CHIEF SOUTHERN NAVAL COMMAND, COCHIN-4. BY ADV. SRI.P.S.SREEDHARAN PILLAI, SCGSC SRI.TPM.IBRAHIM KHAN,SENIOR PANEL COUNSEL THIS ORIGINAL PETITION HAVING BEEN FINALLY HEARD ON 13/12/2006, THE COURT ON 15/12/2006 DELIVERED THE FOLLOWING: O.P.No. 18488 of 2000(A) APPENDIX PETITIONER'S EXHIBITS: Ext.P1: True copy of the discharge certificate issued to the petitioner. Ext.P2: True copy of the petition filed before the 1st respondent on 24-10-1995. Ext.P3: True copy of the judgment dated 15-12-95 in O.P.No.19613/95 before this Hon'ble court. Ext.P4: True copy of the communication on 25-3-1996. Ext.P5: True copy of the order passed by the Desk Officer. Ext.P6: True copy of the communication dated 10-12-98 submitted by the petitioner. Ext.P7: True copy of the order dated 9-12-98 passed by the Desk officer. Ext.P8: True photostat copy of the statement given by Francis. Ext.P9: True photostat copy of the statement. Ext.P10: True photostat copy of the reply statement in O.A.No.800/2001 on the files of Central Administrative Tribunal, Ernakulam filed by the respondents. Ext.P11: True photostat copy of the order in O.A.No.800/001 on the files of Central Administrative Tribunal, Ernakulam filed by the respondents dated 9-7-2001. Ext.P12: True photostat copy of the additional reply statement in O.A,No.800/01 on the files of Central Administrative Tribunal, Ernakulam filed by the respondents. Ext.P13: True photostat copy of the judgment in W.P.(C) No.36237/03 on the files of Honourable High Court of Kerala. O.P.No. 18488 of 2000(A) :: 2 :: Ext.P14: True photostat copy of the provost report No.107/94 dated 16-12-94 by G.Singh LPM No.113685-A RESPONDENT'S EXHIBITS: Ext.R2(A): A photostat copy of the office order No.4/DEF SECY/93 dated 16-11-93 issued by the Ministry of Defence. Ext.R2(B): A photostat copy of the Notification (Order) S.I.No.2297-II dated 3-11-1958 issued by the Ministry of Home Affairs. // True copy // P.A.to Judge jes S. SIRI JAGAN, J. ```````````````````````````````````````````````````` O.P. No. 18488 OF 2000 A ```````````````````````````````````````````````````` Dated this the 15th day of December, 2006 J U D G M E N T The petitioner was a Head Steward in the Navy. He was charge sheeted in January, 1995 on the allegation that he pushed his superior Mr.Rodrigues, who was the master chef, from behind and that he stood watching while the superior was manhandled by Mr.Francis, who was a civilian driver attached to M.T.Pool, Venduruthy. In the court martial proceedings, the petitioner was found guilty and sentenced to undergo 90 days’ imprisonment. Thereafter, his rank was reduced to that of Steward II. He was also dismissed from the Indian Navy. Against his dismissal, he filed Ext.P2 appeal, which was rejected by Ext.P7 order by the Government of India. Ext.P7 order is under challenge in this original petition. The petitioner has not chosen to produce the original orders in the court martial proceedings nor the dismissal order, without challenging which the petitioner cannot succeed in this original petition since the reasons for confirming the action against him can be ascertained only from those orders. In the above circumstances, I do not find any merit in this original petition. Accordingly, the same is dismissed. (S. SIRI JAGAN, JUDGE) aks S. SIRI JAGAN , J. OP No.18488/00 A J U D G M E N T 15th December, 2006