The 31 May suspension order issued by the Seamen’s Employment Office, affiliated to the D G Shipping, follows an enquiry into the 17 April 2018 death of Sanjay Chaudhary, Chief Engineer on board Hong Kong-flagged ship M T Atlantic Olive, when the ship managed by Anglo Eastern was enroute Cape Verde Islands from Malta.
The Directorate General of Shipping, India’s maritime regulator, has handed a three-year suspension to Anglo Eastern Ship Management (India) Pvt Ltd, the Indian unit of one of the world’s top ship management firms based in Hong Kong, for violating the recruitment and placement service rules of seafarers.
The 31 May suspension order issued by the Seamen’s Employment Office, affiliated to the D G Shipping, follows an enquiry into the 17 April 2018 death of Sanjay Chaudhary, Chief Engineer on board Hong Kong-flagged ship M T Atlantic Olive, when the ship managed by Anglo Eastern was enroute Cape Verde Islands from Malta.
The enquiry concluded several violations by Anglo Eastern Ship Management of the Merchant Shipping (Recruitment and Placement Service) Rules, 2016 relating to the incident.
“lt is established that there is negligence of the Master of the vessel, Capt. Santosh Achuthan. He has the duty as Master to save the life of seafarer onboard as he has 4 hours 25 minutes of golden time which he failed to use diligently, thus caused the death of Late Shri Sanjay Chaudhary,” the order suspending the license of Anglo Eastern Shipmanagement said.
As per enquiry report regarding the death of Late shri Sanjay Chaudhary submitted by Chief Medical Officer, Ghaziabad to Collector, Ghaziabad, there was cyanosis and prime facie evidence of poisoning, there is substantial evidence to suggest that the death of Mr Sanjay Chaudhary may have been caused as a result of combined effect of Asphyxia and Poisoning. The State Medico Legal Cell, Aishbagh, Lucknow, (U.P) also opined that this is the manner of death asphyxia due to airways obstructions rather than shock, myocardial infarction or Hyperthyroidism, the order said.
It said that Anglo Eastern Ship Management violated several rules in the engagement of Late Sanjay Chaudhary on board Atlantic Olive while suspending its license for three years.
The order also recommended “necessary action” against Captain Santosh Achuthan, the master of the ship, for incompetency, omission or commission of such acts which led to personal injury, death of Late Sanjay Chaudhary.
The order further said that the liabilities of the seafarers already recruited by the RPSL company and presently on-board ships managed by it shall continue to be with Anglo Eastern Ship Management (India).
The suspension only bars Anglo Eastern Ship Management (India) from recruiting seafarers for three years.
This order, though, will not affect Anglo Eastern Ship Management (India) because it has a second RPSL license which was originally issued to Univan Ship Management Ltd, said a shipping industry source. This is allegedly against RPSL rules, he said.
Anglo Eastern Ship Management acquired Univan Ship Management in 2015 and merged it with the company.
“The incident surrounding the death of Chief Engineer Sanjay Chaudhary ideally called for a complete ban on Anglo Eastern Ship Management (India), which employs more than 20,000 seafarers on the ships it manages globally. The company, though, has been let off the hook with a three-year suspension. The company also has the right to appeal to the Principal Officer, Mercantile Marine Department against the suspension order,” the industry source said.
“Yet the order conveys a strong and clear message to RPSL companies that you cannot play with the lives of seafarers,” the industry source said.
Commenting on the order, Vineet Gupta, Managing Director, Anglo Eastern Ship Management (India) said: “It is now being alleged that we are prohibited from operating due to a license issue. To be clear, we can confirm that we are discussing this matter with the Directorate of Seamen’s Employment arising from an on-going case involving the natural death of a senior officer on board one of our managed vessels in 2018”.
“We are legally prohibited from commenting on the case, however, we have fully cooperated with all relevant authorities since 2018 and we are absolutely certain that we will be able to continue to perform Indian manning services on behalf of many of the world’s largest and most reputed international shipping companies. In the meantime, rest assured that our operations remain business as usual. The on-going discussions does not impact our day-to-day operations, our seafarers ashore or on board, or the continuity of the employment of seafarers and their confirmed joining schedules. We remain, as always, committed to the safety and well-being of all our seafarers and their families and look to a quick resolution”, Gupta added. “The recent order against Anglo Eastern Ship Management is historic in the shipping industry of India. Also, in this action, it is clear that the maritime administration allegedly indulged in corruption and partiality. The act of giving two RPSL licenses to a company is against the RPSL rules. Likewise, this order is further proof that DG Shipping has allegedly colluded with monopoly companies for their illegal activities against seafarers. This order has given justice to the deceased seafarer’s family,” said Ravi Veetil, National President, Sailors Union of India (SUI-BMS).