Dilip Kumar Seth, J. - (1.) The petitioner Nos. 2 to 9 have challenged the order contained in Annexure-P5 to the Writ Petition by which certain undertaking was sought to be obtained from these petitioners. The petitioners were involved in a criminal case in which they were granted bail in GR Case No. 937 of 2000 on 21.6.2000. The order contains certain conditions restraining them from resorting to any agitation causing harassment to the general public or the passengers of any ship moving within the island or leaving for the mainland or at any Jetty or in any ship of the island and not to detain the movement of any ship if any of the scheduled carriers with an additional clause that any violation of the condition would make the bail liable to be cancelled automatically. After the said order was passed, by a letter dated 8.12.2000 (Annexure-P5) the contractor was asked to obtain an undertaking from the petitioners as bazarman whenever engaged on board by the contractor, as detailed in enclosure to the said Annexure-P5. The text of the said undertaking is quoted below : "The Canteen Contractor, M/s Fareed Traders, MV Nancowry Sub : Submission of undertaking - regarding Sir, I was involved in illegally with holding of the Administration vessel MV. Nancowry on 9th June, 2000 at Port Blair and I have realised the mistake committed by me and tender herewith my unconditional apology for the same. I further hereby furnish the following undertaking to you and the Administration: 1. That I shall not indulge in any such illegal activities in future. 2. That I shall not detain or withhold the sailing of any vessel of the Administration even under purported industrial action. 3. That I shall always maintain the decorum and discipline while serving on board in any of the passenger vessel of the Administration. 4. That I shall abide by all the rules and regulations of Merchant Shipping Act and the instructions issued by the A & N Administration in the matter relating to the shipping services from time to time. 5. My engagement in any of the vessel of the Administration through you or any other Agency for the purpose of future employment will be subject to the result in the crime case No. 437/2000 of PS Aberdeen under Section 188/144 Indian Penal Code read with section 7 criminal law Amendment Act 1932 pending in the Court of the Chief Judicial Magistrate, Port Blair. In case I found guilty of violating any of the undertaking, I shall be liable to be disengaged/discharged from the vessel of the Administration and my future engagement can be kept suspended for indefinite period or even refused/denied or terminated forever. Port Blair Dated Signature of Bazarman Name & Rating CDC No. The learned counsel for the petitioners contends that if such undertaking is signed in that event the petitioners would virtually admit their guilt though the Criminal case is pending in which they are entitled to defend themselves. Therefore, such an undertaking cannot be forced upon them.
(2.) The learned counsel for the opposite parties contends that until such an undertaking is obtained the petitioners would be creating trouble and completely put the entire services in disorder. Upon such an apprehension it is necessary that such undertaking should be obtained from these persons whenever they would be allowed on board the ship.
(3.) After having heard both the learned counsel it appears that such an undertaking cannot be obtained from the petitioners by which they would be admitting their guilt in the pending case. One cannot be compelled to admit the guilt even by way of undertaking as a condition for engagement. However, it is open to the respondent No. 2 to obtain such undertaking which may not jeopardise their defence in any manner and affects their defence, in the pending proceeding. For such an undertaking proper language is to be used. It is equally open to the respondent No. 2 to take such steps to prevent such action by which there may be disorder in the services in any manner whatsoever. It is not for this court to advise the respondent No. 2 on these matters as to how it will control its own affairs.;