CW 7675/08 [1] IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH S.B. Civil Writ Petition No.7675/08 Naik Sunil Versus UOI & Ors. DATE OF ORDER : 11/08/2008 HON'BLE MR. JUSTICE AJAY RASTOGI Mr. D.S. Kauntae for Mr. O.P. Sheoran, for petitioner *** Petitioner is working as Non-Commissioned Officer and misconduct, as alleged, was of intending to outrage modesty of wife of one of his colleague and because of complaint made against him, a court of inquiry was conducted and on its recommendations petitioner has been served with a tentative charge sheet Ann.3 under the orders of Colonel Commanding Officer on 16th July, 2008. After tentative charge sheet was served upon him, he raised certain objections by submitting application under R.184 of Army Rules on 28th July, 2008, copy of which has not been annexed with the writ petition, but placed for perusal to this court. Counsel for petitioner submits that objection which he has raised before the authority who served him charge sheet still has not been decided and the matter has been processed further. In absence of objections being decided if inquiry is allowed to continue that will cause CW 7675/08 [2] prejudice to him. In addition to it, counsel further submits that in terms of Section 116 of Army Act summary court martial proceedings can be initiated but at the same time, authority is under an obligation to take note of Section 120 (2) of the Act in regard to offences if punishable under any of the sections which includes Section 69. In absence whereof, very initiation of inquiry against him is not in accordance with statutory requirement under Army Act, 1950. From the objection which petitioner has raised in his representation it does not contain objections which he has raised before this court. His representation is with regard to procedure adopted in holding court of inquiry and what will be legal effect of the finding which has been recorded in the court of inquiry proceedings placed on record as Ann.2. As regards submission made by him with respect to initiation of inquiry by the authority under Section 116 only after making due compliance of Section 120(2) of the Act. Suffice it to say that no adverse presumption can be drawn at the moment since neither there is any objection raised by petitioner before the authority who is holding inquiry against him nor CW 7675/08 [3] authority has any occasion to examine and at the same time it is always expected from the authority to decide the same, if raised, in accordance with law. Consequently, this court finds no substance to interfere in the pending tentative charge sheet Ann.3 at this stage. Accordingly, writ petition fails and is hereby dismissed. [AJAY RASTOGI], J. FRBOHRA7675CW2008 11-8.doc