Supreme Court - Daily Orders
Union Of India vs Ex Seaman Ii No 228356 Nitesh Rai on 29 September, 2016
Author: Chief Justice
Bench: Chief Justice, A.M. Khanwilkar, D.Y. Chandrachud
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IN THE SUPREME COURT OF INDIA
CRIMINAL APPELLATE JURISDICTION
CRL.M.P.NO.16083 OF 2016
IN
CRIMINAL APPEAL DIARY NO(s).32883 OF 2016
UNION OF INDIA AND ORS. Appellant(s)
VERSUS
EX SEAMAN II NO 228356 NITESH RAI Respondent(s)
O R D E R
Delay condoned.
We have heard Mr. Maninder Singh, learned Additional Solicitor General, at some length and also perused the order passed by the Tribunal. We do not see any substantial question of law of general/public importance arising for our consideration in this application for leave to appeal to warrant our interference with the impugned order. The prayer for leave to appeal is accordingly declined.
Mr. Maninder Singh, however, argues that although the superior officer involved in the incident has been punished, the Tribunal has directed reinstatement of the respondent without so much as recording a displeasure in his service record. He submits that as a consequence of the Tribunal's order, the respondent may even claim payment of back-wages. We see no real basis for the apprehension expressed by Mr. Signature Not Verified Maninder Singh. We say so because the order passed by the Digitally signed by MAHABIR SINGH Date: 2016.10.22 12:23:39 IST Reason: Tribunal does not direct payment of back-wages and in our opinion rightly so. Denial of back-wages has in the facts and 2 circumstances of the case tantamount to imposing a punishment upon the respondent for the misconduct alleged against him. Denial of backwages should suffice towards punishment if any warranted by the conduct of the respondent. With these observations, this petition fails and is hereby dismissed.
.....................CJI.
(T.S. THAKUR) .......................J. (A.M. KHANWILKAR) .......................J. (DR. D.Y. CHANDRACHUD) NEW DELHI DATED 29th SEPTEMBER, 2016.
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ITEM NO.3 COURT NO.1 SECTION II
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
Crl.M.P.No.16083/2016 in Criminal Appeal Diary No(s). 32883/2016
UNION OF INDIA AND ORS. Appellant(s)
VERSUS
EX SEAMAN II NO 228356 NITESH RAI Respondent(s)
(Appln.(s) for leave to appeal u/s 31(1) of the Armed Forces
Tribunal Act, 2007 and office report) Date : 29/09/2016 This application was called on for hearing today. CORAM :
HON'BLE THE CHIEF JUSTICE HON'BLE MR. JUSTICE A.M. KHANWILKAR HON'BLE DR. JUSTICE D.Y. CHANDRACHUD For Appellant(s) Mr. Maninder Singh,ASG Mr. R. Balsubramanian,Adv. Mr. Amarjeet Singh,Adv. Mr. Pranav Kumar,Adv.
Ms. Aarti Sharma,Adv.
Mr. Akshay Amritanshu,Adv. Mr. Santosh Kumar,Adv. Mr. Prabhas Bajaj,Adv. Mr. Nalin Kohli,Adv.
Mr. Mukesh Kumar Maroria,Adv.
For Respondent(s) UPON hearing the counsel the Court made the following O R D E R Delay condoned.
In terms of the signed order, this petition is dismissed (MAHABIR SINGH) (VEENA KHERA) COURT MASTER COURT MASTER (Signed order is placed on the file)