Delhi High Court Upholds Disciplinary Action Against Coast Guard Personnel for Unauthorized Absence and Misconduct

In a significant judgment delivered on February 8, 2024, the Delhi High Court, comprising Hon'ble Mr. Justice V. Kameswar Rao and Hon'ble Mr. Justice Saurabh Banerjee, dismissed a writ petition filed by Krishna Dixit, a Navik in the Indian Coast Guard. The Court upheld the disciplinary actions taken against him for unauthorized absence and alleged misconduct, underlining the importance of discipline and adherence to rules in the armed forces.

The pivotal legal issue in W.P.(C) 1113/2019 was the challenge against the summary trial and subsequent punishments imposed on the petitioner under the provisions of the Indian Coast Guard Act, 1978.

The petitioner, Krishna Dixit, faced charges of Absence Without Leave (AWOL) and theft of the Ship’s Imprest Accounts Register while posted on ICGS Amogh. Following a summary trial, he was subjected to detention, salary deductions, and other penalties. Dixit's petition contested these actions, alleging false implication and procedural flaws.

The Court meticulously examined the submissions and evidence, finding no merit in Dixit's claims. Justice Saurabh Banerjee remarked, “The said act of the petitioner cannot be atoned,” underscoring the non-negotiable nature of discipline in the armed forces. The Court observed that Dixit's absence was unauthorized and his defense concerning the theft charges unconvincing. It was concluded that the disciplinary measures were appropriately executed in accordance with the Indian Coast Guard Act.

The judgment reinforced the principles of the Indian Coast Guard Act, 1978, particularly emphasizing the criticality of maintaining discipline within the armed services. The Court, while acknowledging the need for unbiased and fair inquiry in disciplinary proceedings, found no evidence of malice or bias in the present case.

The petition was dismissed, affirming the disciplinary actions against Dixit. The Court observed that the penalties imposed were relatively lenient given the seriousness of the offenses. The verdict reflects the judiciary's support for strict adherence to discipline and conduct regulations in the armed forces.

Date of Decision: February 08, 2024

Krishna Dixit Vs. Union of India and Ors.