The diagnosis made was of is chemical heart disease.
On promotion, he was posted at Kargil on June 10, 1978.
On receiving information of the illness of her husband, she rushed with her children to Leh on June 16, 1978.
She found her husband in a precarious companydition.
The petitioner and her husband pleaded with the authorities that she and her children be allowed to accompany him but that request was also number acceded to.
She was asked to move with her children independently from Leh and reach Ambala to receive her husband there.
The petitioner who was married to Mukhbain Singh in 1971 was living in Meerut at the relevant time with her two children a daughter born in 1972 and a son born in 1975.
However, the authorities persuaded the petitioner to move to Ambala with an assurance that her husband would be airlifted to that place on June 23, 1978.
The petitioners husband, Mukhbain Singh was companymissioned as a Lieutenant in the Indian Army on or about October 13, 1963 according to the petitioner and on June 1, 1968 according to the respondent authorities, and was promoted to the rank of Major on May 24, 1978.
11/81/Per C dated March 22, 1983.
The apathy and the extremely casual attitude adopted by the officers companycerned traveled even to the proceedings in this Court and are writ large on the affidavit in reply which they have filed in response to the petition.
The petitioner was number satisfied with the assurance given by the authorities and insisted that she would stay on till her husband was actually airlifted on June 21, 1978.
Hence, on June 22, 1978 the petitioner with her children reached Srinagar and from there, reached Udhampur on June 23, 1978.
He was unable to move on his own.
After a great deal of persuasion, the petitioner and her children were allowed to meet Mukhbain Singh who was then lying in a make shift hospital which was devoid of life saving treatment at the relevant time.
On June 21, 1978, Mukhbain Singh was number airlifted.
On that day at the Udhampur check post, she was informed that her husband was number well and she should return to Leh.
That request was also number acceded to.
This request was turned down.
There she was to receive a rude shock when she was shown the burnt body of her husband.
Upon this the petitioner and her husband requested the authorities to discharge him so that he might move to Srinagar at his own risk.
Both the petitioner and her husband requested the authorities to airlift him to Ambala or Srinagar Military Hospital for proper treatment.
According to the petitioner, he companyplained of chest pain on June 12, 1978 and was removed to Leh on June 16, 1978.
On inquiry, it was revealed that the Commanding Officer had number passed the necessary orders for his evacuation to Ambala Army Hospital.
On the other hand, he was threatened with Court Martial.
The petitioner rushed back to Leh the next day, i.e., on June 24, 1978.
After a great deal of persuasion and pleading, on June 19, 1978 one Dr Major Boffalo agreed to shift Mukhbain Singh from Leh to Ambala and told the petitioner that her husband would be airlifted to Ambala on June 21.,
The Judgment of the Court was delivered by SAWANT, J. This case is a glaring example of gross negligence and callousness on the part of the authorities and the companysequent indescribable mental torment and physical and financial hardship caused to the widow and two minor children of an Army Officer.
