Shoaib Ali v. The Chairman And Managing Director The Shipping Corporation Of India Ltd And ORS

IN THE HIGH COURT AT CALCUTTA

[ CIRCUIT BENCH AT PORT BLAIR ] *** WPA/496/2025 Shoaib Ali Vs.

The Chairman and Managing Director, the Shipping Corporation of India Limited and others Mr. Arul Prasanth ... for the petitioner Mr. K. Sabir ... for the respondents November 04, 2025 [SR] Item No. 5 The only impediment in allowing the petitioner to under take a voyage as the Chief Engineer of the vessel appears to be a complaint lodged by the petitioner against one Mr. Subhendhu Kumar Behera, the posting officer.

It appears that the petitioner was asked to make himself ready to undertake a voyage, by the Shipping Corporation of India Limited ( Fleet Personnel Department) and accordingly the petitioner completed all formalities as was required under the email dated October 01, 2025 issued by Shri Behera, namely:- 1) Sea service report, downloaded from DG site.

2) Medical Fitness ( Chest X Ray + ECG + AUDIOMETRY + Drug and Alcohol + Abdomen Ultrasound) - Ultra sound should be fresh.

3) Scanned copy of CDC ( All the pages) 4) Scanned copy of Passport

5) Basic level/Advanced Tanker DC.

6) STCW course valid certificates from DG approved institute only.

7) INDOS certificate.

8) COC 9) Covid double dose certificate.

10) Yellow Vaccination certificate.

11) Cancelled Cheque/bank passbook.

12) AADHAR CARD 13) PAN CARD

14) SID 15) Screen shot stating that Passport details are updated in DG site.++ PLEASE NOTE MAXIMUM E MAIL SIZE IS 14 MB ONLY. USE ZIP FORMAT OR USE MULTIPLE MAILS.

Documents have been annexed to the application showing that the petitioner had complied with the required formalities in order to join M.V. Onge as the C.E.O. Records reveal that Mr. Behera had also issued a mail indicating the intention to post the petitioner as C.E.O in M.V.Onge. Technical briefing was also directed to be completed. Thereafter, the petitioner received an email, asking him to file an undertaking to the effect that he will withdraw the complaint against Mr. Behera.

Mr. Prasanth submits that the question of filing an undertaking did not arise, as there were serious allegations against Mr. Behera.

Mr. K. Sabir, learned advocate for the respondent nos. 19 submits that the petitioner has approached this Court with unclean hands. On September 16, 2025, the petitioner had already withdrawn the complaint, and the matter had been resolved amicably.

Under such circumstances, the undertaking is no longer required as the letter of the petitioner clearly indicates that, the issue of his rejoining had been considered favourably. The legal notice is thus treated as withdrawn. The matter had been amicably settled. Thus, the petitioner does not have any grievance against Mr. Behera as the withdrawal letter would indicate.

Under such circumstances, there cannot be any apprehension in the mind of the respondent that the petitioner will use blackmailing tactics by filing further complaints. That situation is over.

If the petitioner has completed the technical briefing and other formalities, he should be allowed to join the next available vessel for a voyage, as the CEO of the said vessel. It is submitted by Mr. Prasanth that there are two vacancies. Mr. K. Sabir, assures that the order of this court shall be complied with and the petitioner will be permitted to join the next available vessel forthwith.

The writ petition is accordingly disposed of. As no affidavit-in-opposition has been called for, the allegations made by the petitioner are deemed to be denied. Parties to act in terms of the server copy of this order downloaded from the website of this Hon'ble Court. ( Shampa Sarkar, J. )