AFT stays court-martial proceedings against Lieutenant Colonel accused of improper relationship with jawan's wife

Tribune News Service
Chandigarh, December 25

The Armed Forces Tribunal has stayed the court-martial proceedings against a Lieutenant Colonel from the Army Dental Corps, who was charged with having an improper relationship with the wife of a havildar, and ordered that he be released from service on the completion of his term of contract this month.

The havildar’s wife, who was undergoing dental treatment at that time, had made a complaint to the army authorities against the officer and also lodged an FIR with the local police. The Army ordered a court of inquiry to investigate the matter.

The police after the investigation into the complaint found that the officer was not blame-worthy and the closure report of the police was accepted by the civil court. Further legal proceedings initiated before the higher courts by the complainant against the closure report were also dismissed and, according to the petition, she is now facing trial for levelling false charges.

The Army, meanwhile, cancelled the first court of inquiry and ordered another court of inquiry after the complainant made a second complaint which was similar to the first complaint. On completion of the second court of inquiry and subsequent proceedings, he was issued a tentative charge sheet.

In his petition before the AFT, the officer has averred that it would be a complete travesty of justice and harassment if the second departmental inquiry could be ordered after the previous one has resulted in the complete and honourable discharge of the individual up to the stage of High Court.

 “Having gone through the record, we find a prima facie case is made out for staying the court of inquiry,” the Tribunal observed. Directing that the court of inquiry and all proceedings in pursuance to the issuance of the tentative charge sheet be kept in abeyance till further orders, the Tribunal said that the officer shall be permitted to be relieved from duties on completing his contract on December 31, 2021. The release would be subject to the final outcome of the case in the AFT.