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Absconding from indian navy

(Querist) 05 December 2019 This query is : Resolved 
My friend has put resignation from sailor to his commanding officer as per navy act 1957 sailor can resign from service upto 2 year. But his commanding officer is taking longer time and misleading him to avoid his resignation. He wants to abscond from service with resignation copy does any case has filed against him?
Sb Karma (Expert) 06 December 2019
Best way is to consult Navy Central Office.with proper validation of reasons,
It can't control from outside until unless case comes to court,so just consult central navy board.
Sudhir Kumar, Advocate (Expert) 06 December 2019
You are asking question

"any case has been filed against him?"

Such like query can be replied by PRO Navy and is not a legal query.
Sudhir Kumar, Advocate (Expert) 06 December 2019
@ Mr SB Karma

There is no such body called "Central Navy Board"
Sudhir Kumar, Advocate (Expert) 06 December 2019
It should be absolutely clear that once enrolled under Navy Act he cannot run away without acceptance of resignation. Mere submission of resignation is not enough.

deserter is liable to be arrested any time. After notification of desertion (doe snot take many hours) it is legal for any cop across country to arrested him wherever whenever found.
Sudhir Kumar, Advocate (Expert) 06 December 2019
you said

"sailor can resign upto two years"

really?

kindly enlighten me with reference of the rule on the basis of which you say so.
Sb Karma (Expert) 07 December 2019
Sir i just wanted him to give information in general language....as because his friend from navy background...so he must know central means DELHI HQ(MoD)
Dr J C Vashista (Expert) 08 December 2019
Why do you get worried about absconding of your "friend" from naval service ? What is your concern/ locus standi ?
Probaly your "friend" is enrolled as a "sailor" and not "Admiral", isn't it ?
Is there any provision for resignation in Navy Act, 1957 except to seek discharge u/s 17 of the Act?
Section 49 (2) of the Act provides for "desertion", you may go through it and revert.


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