Navy (Discipline and Miscellaneous Provisions) Regulations, 1965
Regulation 216 and Section 31 of the Armed Forces Tribunal Act—Action of withdrawal of appellant from course on the ground that appellant was found deficient in basic character and other officer like qualities—Appeal—Appellant who was already in Naval Service as a sailor was given an opportunity to undergo training—Appellant was found deficient in basic character and officer like qualities—As per Regulation 216 of the Navy Regulations, there are four other grounds except medical ground, on the basis of which withdrawal can be made—Competent Authority could have always taken the decision of withdrawal on the basis of it’s subjective satisfaction of the existence of one of the grounds for withdrawal provided in the Regulations—Subjective satisfaction of competent authority found on the basis of material on record—Appellant put to notice and warning twice—Opportunity was given to explain his conduct—Entire material has been carefully examined before withdrawal—While taking action of withdrawal, the competent authority has ensured that service of the appellant with Navy is not affected in any manner and even the Degree of University of Goa has been conferred on the appellant—No merit found in appeal—Dismissed.
[Paras 16 to 18]
Decision : Appeal dismissed