- (1.) The challenge in these appeals by way of special leave is to an order of the High Court of Bombay dated 7th August, 2008 by which the findings on guilt recorded against the respondents - delinquents who were sailors in the Indian Navy have been set aside along with the penalty/punishment imposed.
(2.) The respondents were charged with misconduct of making available the results of recruitment examination(s) to unauthorized persons for undue pecuniary gain. The procedure contemplated by Regulations 25 to 28 of the Regulations for the Navy Part II (Statutory) (hereinafter referred to as "the Regulations") which govern the proceedings of enquiry were brought into force and the delinquent respondents allegedly admitted their guilt by making confessional statements. Taking into account the same and the other materials on record the Investigating Officer competent to deal with the matter recorded a finding of guilt and imposed penalty including confinement which was approved by the next Superior Authority. The review petitions filed by the delinquent - respondents against the aforesaid order were also dismissed by the Central Government. In the resultant writ petitions, the High Court took the view that under Regulation 27 of the Regulations it was mandatory on the part of the concerned authority to read out the charges framed against the delinquents and make available to them a copy of the charge-sheet. As the same was not done, the High Court construed the aforesaid deficiency to be amounting to a breach of the rights of the delinquents to a fair opportunity. Consequently, the findings recorded and the penalty/punishment imposed were set aside. Aggrieved, the present appeals have been filed.
(3.) We have heard the learned counsels for the parties.;