- (1.) This writ petition has been filed originally by Smt. Phoola Devi whose son Surendra Kumar who was a 'Jawan' with Indian Army serving with 310, Field Regiment Artillery came on leave and after two months annual leave reported for duty on 4-11-1986. After that she has not heard anything from her son.
(2.) The petitioner's case further is that she received a letter on 14-5-1987 informing that she should submit an application for the payment of amount of Rs. 5,079/- lying in the credit balance of her son who had been declared a deserter. The petitioner, as per the averments, sent her reply and also wrote letters inquiring about the whereabouts of her son. The petitioner finally received two letters dated 5-2-1988 and 8-2-1988 informing her that her son has deserted from service w.e.f. 6-11-1986 and as a result was declared as a deserter by Court of Inquiry held on 22nd December, 1986. She was in formed that whereabouts of her son were, not known. A letter in this regard was also written to the police for searching the deserter. Copies of the aforesaid letters dated 5-2-1988 and 8-2-1988 have been placed on record as Annexures-1 and 2.
(3.) The petitioner's case is that the petitioner was under a bonafide impression that the Army Officials had lodged a report with the police regarding her son having gone missing, as was mentioned In the Annexure-1 and that the police would be searching for her son and consequently, under this bonafide belief the petitioner did not take any steps to lodge any formal First Information Report with the police. Ultimately, when nothing happened, the petitioner lodged a report on 18-6-1997, a copy of which has been filed as Annexure-3 to the writ petition. The said report, as per the petitioner, was lodged with Police Station Behror, district Alwar.;