The Armed Forces Tribunal here has set aside the dismissal of an Indian Navy officer, sacked for allegedly leading "philandering lifestyle" and breaching the security norms.
The Armed Forces Tribunal here has set aside the dismissal of an Indian Navy officer, sacked for allegedly leading "philandering lifestyle" and breaching the security norms.
While setting aside officer Lijo Chacko's dismissal, the Mumbai bench of the tribunal also ordered that he should be given the pensionary benefits as a commander, a rank that he would have secured by now after 20 years of his service.
A punishment disproportionate to the misconduct would violate Chacko's constitutional right of equality before the law, said the tribunal in its order, given a fortnight ago on the officer's appeal challenging his ouster.
While the Navy had said Chacko's actions amounted to gross misconduct, the tribunal held that its case was "overstated."
The Navy had sacked Chacko after a Board of Inquiry set up by the Western Naval Command indicted him. The inquiry was instituted against him and three others for allegedly having extramarital relationships and for behaviour unbecoming of the naval officers.
These officers from the technical branch were posted in Russia during the refit of the aircraft carrier INS Vikramaditya (earlier called Admiral Gorshkov).
The Board of Inquiry had found that Chacko, while in Russia, had a "philandering lifestyle," and on return to India continued his "intimate relationship with a married woman." The Board also indicted him for posting classified information (about a mid-year refit review of 2011) online using a laptop bought by his wife, a Russian national, and thus breaching the security norms.
Chacko had denied any wrongdoing. Among other things, he argued that he had married a foreigner after obtaining due approval from the authorities.
The tribunal said that to prove adultery, there has to be a complaint, which was lacking in this case. It also observed that no warnings were given to Chacko under the Navy Rules before the investigation started.
(This article has not been edited by DNA's editorial team and is auto-generated from an agency feed.)
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