- (1.) This petition has been filed against order of compulsory retirement dated 1.9.1992 passed against the petitioner.
(2.) Case of the petitioner is that he was recruited in the Indian Army and promoted to the post of Captain in June, 1986. A show cause notice dated September 10, 1990 was issued to the petitioner under Section 19 of the Army Act read with Rule 14 of the Army Rules as to why his services be not terminated. It was alleged that he married Ritu without disclosing his first marriage with Sulekha; he demanded dowry of Rs. 50,000/- and a house from Ritu and ill-treated her on her inability to pay the same; he attempted to strangulate her to death apart from other misbehaviour with her; though he was acquitted of the charge of abetting suicide of Sulekha, circumstances leading to her death were same as were the allegations against him in regard to Ritu; he failed to repay loan to Syndicate and Canara Banks. According to the show cause notice, inference of his conduct being unbecoming of an officer of the Army was drawn and his further retention in service was considered to the undesirable though it was inexpedient to hold trial by G.C.M. for the misconduct due to exigencies of service.
(3.) Reply dated 5.10.1990 was filed by the petitioner to the effect that he had moved the Allahabad High Court for quashing of the F.I.R. lodged by his wife and stay had been granted on 24.7.1990; effort for reconciliation with his wife were going on; maintenance of Rs. 1030/- was being paid to the wife; a case of restitution of conjugal rights had been filed under Section 9 of the Hindu Marriage Act; loan had been charged. For filing proper reply, time was sought.;