Manipur High Court
Smt. L. Nirmala Singh vs The Union Of India on 16 November, 2021
NINGOM Digitally signed
by NINGOMBAM
BAM VICTORIA
Date: 2021.11.18
VICTORIA 13:01:40 +05'30'
IN THE HIGH COURT OF MANIPUR
AT IMPHAL
(Video Conference)
W.P. (C) No. 808 of 2021
Smt. L. Nirmala Singh, aged about 56 years, W/o
Laiphrakpam Ibotombi Singh, a resident of Thangmeiband
Khomdram Selungba Leikai, P.O. & P.S. Lamphel, Imphal
West District, Manipur- 795004.
...Petitioner
-Versus-
1. The Union of India, Ministry of Defence through the
Defence Secretary integrated HQ of MoD, DHQ PO, South
Block, New Delhi - 110001;
2. The Chief of the Army Staff, Integrated HQ of Ministry of
Defence (Army) DHQPO, New Delhi - 110011;
3. The General Officer Commanding-in-Chief, HQ Eastern
Command, Pin - 908542, C/o 99 APO;
4. The General Officer Commanding, HQ 33 Corps,
Pin-908533, C/o 99 APO;
5. The Court of Inquiry, represented by Maj. Gen. Jagroop
Singh, HQ 111 Sub Area, Pin - 908111, C/o 99 APO
...Respondents
B E F O R E
HON'BLE MR. JUSTICE KH. NOBIN SINGH
O R D E R
16-11-2021
[1] Heard Shri S. Biswajit Meitei, learned Advocate appearing for
the petitioner and Shri Vijayanand Sharma, learned Advocate appearing
for the respondents.
[2] According to the petitioner, she is the wife of a retired Brigadier
of the Indian Army, Shri Laiphrakpam Ibotombi Singh, who after his
retirement, has been facing many unfortunate turn of events and grave
injustice because of which he is undergoing great turmoil mentally,
physically and financially, which have led him to depression with psychotic
features. Owing to certain allegations and circumstances, the mental health
conditions of her husband have deteriorated in the last few months despite
medications.
[3] A Court of Inquiry came to be ordered in the month of June, 2012
against her husband, as her husband, while being posted as Deputy Director
General (Discipline), Army Headquarters, had undertaken certain unpleasant
official disciplinary follow up actions against a few senior officers of
Headquarters 3 Corps as per official policy and directives of the then Army
Chief for a botched operation in Jorhat. Since her husband had commanded
a Brigade under Eastern Command, immediately after change of Army Chief
and taking advantage thereof, an inquiry was ordered without any written
complaint or record. The inquiry was completed in the month of December,
2012 which was done in violation of the mandatory provisions.
[4] Her husband approached the Hon'ble Armed Forces Tribunal, New
Delhi by way of an application being OA No.85 of 2013 wherein the orders
dated 06-02-2019 and 15-03-2019 were passed by it and in RA No.6 of
2019, an order dated 15-03-2019 was passed whereby the Hon'ble Tribunal,
even after its finding that statutory provision has not been complied with by
the military authorities at the time of holding the Court of Inquiry, erroneously
directed the disciplinary proceedings to be continued without considering the
grounds raised by her husband with regard to bias, irregularities, tempering
of evidence and deliberate violation of the provisions of Army Rule 180 &
184 (2).
[5] Being aggrieved by the aforesaid orders, her husband preferred
appeals being Civil Appeal No.9223-9224 of 2019 before the Hon'ble
Supreme Court which were disposed of vide its Judgment and order dated
17-12-2019 modifying the direction of the Hon'ble Tribunal to process the
disciplinary proceedings further through a duly constituted legal process and
directing the Court of Inquiry to be conducted afresh, thereby quashing the
earlier Court of Inquiry. In a purported compliance with the judgment and
order dated 17-12-2019, the military authorities issued a communication
dated 25-08-2020 which was received by her husband on 06-10-2020,
informing him that they had initiated a fresh Court of Inquiry. Even after the
previous Court of Inquiry directing disciplinary action to be initiated against
her husband having been quashed, the competent military authorities
continued to rely on the same to deny the commutation of pension and
gratuity which her husband is entitled to, as he had retired on 30-04-2019
from service on attaining the age of superannuation. Despite the
representations being made by her husband on 25-08-2020 and 27-08-2020,
the military authorities have failed to lift the Discipline and Vigilance (DV)
ban as well as the attachment order and to release the financial benefits
entitled to by her husband post his retirements in terms of commutation of
pension, gratuity and other retiral benefits, the consequence of which is that
her husband is prejudiced and presumed to be prima facie guilty.
[6] Due to inaction on the part of the military authorities in not granting
the benefits of commutation of pension, gratuity and other benefits to her
husband who has served for about 36 years in the Indian Army, instrumental
for killing 52 Pakistanis, while serving in Drass during operation Parakaram
for which he was awarded with Yudh Seva Medal, has been rendered
helpless as he requires regular medical treatment due to hypertension,
diabetes and recently for depression with psychotic features and on top of
that, their daughter is suffering from medical condition "lupus" for which the
treatment is required on daily basis.
[7] Her husband was served with summons dated 12-09-2020, 24-
09-2020, 19-10-2020 and 09-11-2020 through the Deputy Commissioner,
Imphal West by respondent No. 5 to be present at Bengdubi, W.B on 07-12-
2020 as per summon dated 09-11-2020. As her husband who is currently in
Imphal West, Manipur, was found on testing on 17-09-2020 to be positive for
Covid -19 and was advised to be in home isolation as per the expert medical
advice, he sent letters dated 28-09-2020, 07-10-2020, 04-11-2020 and 05-
12-2020 in reply to the summons issued by the Officer Assembling Court of
Inquiry. Her husband was served with fresh summons dated 13-01-2021, 13-
03-2021, 30-04-2021 and 18-06-2021 through the Deputy Commissioner,
Imphal West by respondent No. 5 to be present at Bengdubi, W.B on 26-07-
2021 as per summon dated 18-06-2021. Consequent to post Covid-19
illness complications, combined with unfortunate ongoing alleged case since
2012, her husband went into Depression with psychotic features and suicidal
tendencies in the month of January, 2021 and is under medical treatment
since then, various letters dated 06-02-2021,04-03-2021, 25-03-2021, 07-
04-2021, 23-0-.2021, 15-06-2021, 20-07-2021, 16-08-2021, 17-09-2021 and
30-09-2021 have been sent to the military authorities with supporting
medical documents in response to the summons issued by the Officer
assembling Court of Inquiry.
[8] The Officer Assembling Court of Inquiry was informed about the
latest health conditions of her husband that he continues to suffer from
depression with psychotic features and suicidal tendencies, sporadic
depression bouts, fearfulness, suspiciousness and irrelevant talks. It was
also intimated that her husband is not fit to travel alone and he should not
move out on the streets and commit unfortunate incidents, as he requires 24
hours medication and close monitoring by the family members. Her husband
is not in a state to take part in the enquiry as required by the military
authorities. Therefore, a request has been made by the petitioner on 16-08-
2021 to the Officer Assembling Court of Inquiry to shift the venue of the
inquiry to Leimakhong, Manipur as offer made by the Officer Assembling
Court of Inquiry to her husband vide e-mail on 08-01-2021 and 09-01-2021
(confirmed on 10.01.2021) to enable her husband to commute from their
residence on daily basis as and when required, accompanied by a family
member or a lawyer during the course of inquiry. On 17-08-2021 the Deputy
Commissioner, Imphal West was informed about the conditions of her
husband.
[9] On 06-09-2021, the military authorities were informed by the
Deputy Commissioner, Imphal West, taking into consideration the health and
medical condition of her husband, for shifting the enquiry venue to
Leimakhong, Manipur. Moreover, as her husband's health condition is
getting deteriorated day by day, the petitioner submitted a representation
dated 17-09-2021 to the respondents requesting them to consider and direct
that the location of Court of Inquiry may be shifted, in Manipur, in any nearby
military station near to their residence in terms of the offer made by the
Officer Assembling Inquiry vide letter dated 08-01-2021 and 09-01-2021;
that her husband may be permitted to be represented by a Lawyer during
the course of the proceedings of the Inquiry till he recovers from depression
and that her husband may be permitted to stay at their residence for better
care and medication and to commute to the Court of Inquiry venue as and
when the inquiry proceedings assemble.
[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.
JUDGE
Devananda
