AI Structured Summary
Not yet generated for this judgment
Judgment
KH. Nobin Singh, J
(Video Conference)
Heard Shri S. Biswajit Meitei, learned counsel appearing for the petitioner and Shri Vijayanand Sharma, learned CGC appearing for the respondents.
The subject matter in issue relates to the court of inquiry being initiated against the husband of the petitioner which is yet to be completed.
It has been submitted by the counsel appearing for the petitioner that before the proceedings were completed, the petitioner's husband suffered from illness including mental problems because of which the petitioner prayed the authority concerned for shifting the place of inquiry on the ground of health problems of the petitioner's husband as well as that of the daughter of the petitioner.
A writ petition being WP(C) No. 808 of 2021 came to be filed on similar grounds which was disposed of by this Court on 16-11-2021 with the following order:-
"[10] When the instant writ petition is taken up for consideration, it has been submitted by Shri S. Biswajit Meitei, learned Advocate appearing for the petitioner that the instant writ petition can be disposed of by passing an innocuous order and accordingly, the instant writ petition stands disposed of with the direction that the respondents and in particular, the respondent No. 5 shall consider sympathetically and dispose of the representation dated 17-09-2021 submitted by the petitioner within a period of three weeks from the date of receipt of a copy of this order by issuing a speaking order in respect thereof. Considering the peculiar facts and circumstances of the present case, it is directed that the proceedings of the fresh Court of Inquiry shall be kept in abeyance till the disposal of the said representation for the end of justice."
It is the further contention of the learned counsel appearing for the petitioner that the order dated 16-11-2021 has not fully been complied with by the respondents except by issuing the letter dated 25-11-2021 addressed to the petitioner rejecting her request and that the authority had not considered the medical problems being faced by the petitioner's husband except stating that the health of the petitioner's husband would be taken care of by the respondents. It has further been submitted by the counsel appearing for the petitioner that at one time, the then inquiry officer, Major General, Shri Arun Gupta had agreed that the proceedings of the inquiry be held at a place nearby to the residence of the petitioner's husband but after the change of the inquiry officer, the authorities had taken a U-turn.
It has been submitted by Shri Vijayanand Sharma, learned CGC appearing for the respondents that the request of the petitioner was considered minutely and as regards the treatment of the petitioner's husband, it has been submitted by him that the respondents in their letter dated 25-11-2021 have given the details to take care of the health of the petitioner's husband.
It is a matter relating to the health problems for which an appropriate and competent medical officer could give advice as to what treatment would be necessary for the petitioner's husband and moreover, since the petitioner's husband is alleged to be suffering from mental problems, he may require the attendance of any of the family members.
In view of the above, let notice be issued to the respondents returnable in four weeks.
Shri Vijayanand Sharma, learned CGC accepts notice on behalf of all the respondents and hence, no formal notice is called for.
List the matter on 20-12-2021 for consideration of interim prayer and till then, the proceedings of fresh inquiry shall be kept in abeyance.