AFT upholds woman cadet's withdrawal from Naval Academy for inappropriate behaviour

Vijay Mohan

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Chandigarh, April 29 

The Armed Forces Tribunal has upheld the withdrawal of a woman cadet from the Indian Naval Academy for indulging in inappropriate behaviour with a male cadet and other acts of indiscipline while undergoing training.

Holding the three relegations awarded to her and a show-cause notice for withdrawal to be correct, the Tribunal’s Bench comprising Justice Rajendra Menon and Lt Gen PM Hariz said, “The Tribunal upholds the policy of the Services to ensure that the correct officer material are inducted into the service, and those found lacking in their professional competence, character qualities and officer-like qualities are dealt with during the training stage in accordance with the policy in vogue.”

The woman cadet had moved the Armed Forces Tribunal seeking quashing of the Academy’s relegation and withdrawal letter of May 18, 2020, as harsh, discriminatory and arbitrary. She had sought reinstatement in the academy with appropriate punishment of 14 restrictions for mistakes committed by her in view of her otherwise outstanding performance in academics and training.

The Tribunal observed that in her first term, the cadet had been relegated by six months for having missed 68 days of outdoor training for medical reasons. In the next term, she was again relegated along with four women cadets for using unfair means during an internal examination. In her third term, she was again relegated on disciplinary grounds for indulging in physical intimacy with a male trainee.

In 2020, the Tribunal had imposed a stay on her withdrawal from the Academy till a final order in the case was passed and she was sent on leave. Her counsel had contended that the punishments awarded to her were more severe and discriminatory as compared to others involved in the aforementioned incidents or those placed in a similar situation.

“It is seen from records that all three relegations have been ordered correctly and without mala fide intention or discrimination. While the first relegation was on account of missing requisite outdoor training due to medical reasons, the other two relegations are for punishable offences under the extant rules and regulations of the Naval Academy,” the Bench said.

Pointing out that since the woman cadet had been relegated more than twice and such a cadet is liable to be withdrawn, the Bench ruled, “We have no hesitation in stating that the action by the respondents has been taken based on the current rules and regulations / policy on the subject as applicable to a trainee cadet of the Indian Naval Academy.”