L. NIRMALA SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) This writ petition has been filed by the petitioner to quash the impugned order/letter dtd. 25/11/2021 issued by the fifth respondent and to stay the proceedings of fresh Court of Inquiry initiated vide Convening Order dtd. 25/2/2020 in respect of the petitioner's husband.

(2.) Briefly stated case of the petitioner is as follows:-

(3.) The respondents filed affidavit-in-opposition, inter alia, stating that pursuant to the judgment of the Apex Court, a fresh COI was ordered vide Headquarter 33 Corps convening order dtd. 25/2/2020 and Major General Arun Kumar Gupta was detailed as the Presiding Officer of the COI. Number of summons were served upon the petitioner's husband to appear before the COI, however, he never appeared citing health issues on account of Covid-19 infection. On 9/1/2021, the Presiding Officer offered that the COI was ready to proceed to Leimakhong, however, the petitioner's husband did not give any positive response to the offer citing health issues. The Presiding Officer of the said COI i.e. Major General Arun Kumar Gupta, stood posted out due to which the said COI had to be cancelled and a fresh COI was convened vide order dtd. 6/3/2021 in which the fifth respondent was detailed as the Presiding Officer.