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Judgment
Sabina, J
Petitioner has filed this petition under Article 226 of the Constitution of India, seeking mainly the following relief(s):-
“(a) Directing respondents No.1 to 3 not to consider and decide the retirement/premature retirement case/application of respondent No.4 on the basis of the record already maintained by the Authorities till completion of Inquiry proceedings and to complete the Inquiry process in a time bound manner by affording opportunity of being heard to the petitioner.
(b). Restraining respondents No.1 to 3 from extending any service benefits to respondents No.4 and 5 in any manner whatsoever, till the conclusion of the Inquiry process.”
Mr. Neeraj Gupta, learned Senior Advocate, assisted by Mr. Ajeet Jaswal, Advocate, for the petitioner, has submitted that the petitioner is the legally wedded wife of respondent No.4. However, during his subsistence of marriage with the petitioner, respondent No.4, is alleging that he has performed marriage with respondent No.5. Inquiry with regard to the complaint moved by the petitioner is pending with the official respondent(s), but the same has not been concluded till date.
Mr. Shashi Shirshoo, learned Central Government Counsel, on the other hand, has submitted that the inquiry proceedings were forwarded to the competent authority, but it has been ordered that the same may be processed after criminal case filed by the petitioner under Sections 494 and 495 of the Indian Penal Code, is finally disposed of by the competent authority.
Paragraph-5 of the reply filed by respondents No.1 to 3, reads as under:-
“5. That the Court of Inquiry proceedings were forwarded to HQ EAC IAF (CDO) vide 825 SU/C 100/2/796408/P1 dated 06.02.2019, which in turn were further forwarded to Air HQ (VB) {JAG Air)}. Air HQ (VB) (Dte of PS) vide their letter AIR HQ/23498/562/96/PS dated 01.04.2019 has intimated, that the case may be processed after the criminal case filed against said air warrior u/s 494 and 495 IPC are finally disposed off by the Competent Court in terms of Para 578 (g) of Regulations for the Indian Air Force (IAF).”
In view of the reply filed by respondents No.1 to 3, no ground for interference by this Court, is made out.
Petition stands disposed of accordingly.
Pending miscellaneous application(s), if any, shall also stand disposed of.