( 1 ) THIS petition involves adjudication of the petitioners challenge to order dated 28. 7. 1995 vide which he was discharged from naval service with effect from 10. 8. 1995 under Section 15 (2) (a) of the Navy Act, 1957 (for short, the Act)read with Regulation 216 of the Regulations navy, Part II (Statutory) (hereinafter referred to as the Regulations ). The facts:

(1) While the petitioner was posted as lieutenant in Fleet Mail Office, INS arnala, Lieutenant, K. L. Godara, executive Officer, INS, Makar lodged complaint dated 7. 3. 1994 that he i. e. , the petitioner, who was the real uncle of his wife had been maintaining sexual relation with her. Along with the complaint, Lt. K. L. Godara enclosed copies of letters, one written by his own wife and the one written by the wife of the petitioner.

(2) On receipt of the complaint, the statements of Lt. P. Rawat and Lt. S. K. Gupta, both of INS, Venduruthy were recorded, who confirmed the allegation made by Lt. K. L. Godara against the petitioner. The matter was then examined in Southern Naval command Head Quarters and it was decided that the case be taken up with the Naval Head Quarters for termination of the petitioners service in t

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