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2012 Supreme(Gau) 490

TINLIANTHANG VAIPHEI
Major Ajay Bhard Waj – Appellant
Versus
Union of India – Respondent


Advocates Appeared:
For Appellant/Petitioner/Plaintiff: Mr. M. Singh
For Respondents/Defendant: Mr. S.C. Shyam, CGC

JUDGMENT

T. Vaiphei, J.

1. The sole question which falls for consideration in this writ petition is whether the respondent authorities can convene a Court of Inquiry in respect of the complaint lodged against the petitioner, for which he has already been counseled/reproved in terms of the provision of Regulation 327 of the Book of Defense Service Regulation, 1987? The controversy arose on the following facts and circumstances. The petitioner is holding the rank of Major in the Army, and is currently on deputation to the Assam Rifles. He was married to one Major Poonam Sharda (respondent No. 6) on 02.10.2006, but the marriage was apparently on the rocks soon thereafter, which prompted him to institute a divorce suit i.e. HMA Petition No. 16-S/3/2010 the Court of the Additional District Judge, Solan in the State of Himachal Pradesh. From their wedlock, they have one daughter, who is now 31/2 year old, and is presently under the custody of the respondent No. 6. During the pendency of the divorce proceeding, the respondent No. 6 lodged a complaint with the Army Wives Welfare Association (AWWA) charging the petitioner with adultery i.e. having extra marital affairs with one Captain Mary J








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