Michael Zothankhuma, J.

1. Petitioner's case is that her husband Lalit Singha had joined the Assam Rifles as a Sepoy (General Duty) on 18.12.80 and in the year 1993 he was posted at Kokokchung, Nagaland. On 2.4.94, during roll call the petitioner's husband was found absent. On checking, the respondents found his identity card along with service carbine and ammunition issued to him in his personal luggage at the place of his posting.

2. On 16.4.94, the respondent No. 3 issued an apprehension order declaring the petitioner's husband as a deserter to the Superintendent of Police, Cachar District, Assam with a request to apprehend him. The said apprehension order was also forwarded to the respondent No. 3 and all ranges of the Assam Rifles.

3. On 25.5.94, a Court of Inquiry was held by the respondents under Section 106 of the Army Act, 1950 and the Court of Inquiry after investigation, declared the petitioner's husband as deserter with effect from 2.4.94.

4. The petitioner's wife on coming to learn about the disappearance of her husband made enquiries with the authorities but to no avail. Thereafter, she approached this Court by filing Civil Rule No. 5632/96 praying for an enquiry