Army lets Major quit to wed Lankan girlfriend
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After Kumar challenged the order, another single-judge bench of the Karnataka high court ruled on June 18, 2012 that the case involved not just military service conditions but also Gunaratne's individual rights. The court quashed the Army's order and granted Kumar's claim for discharge from the force while giving the Army scope to investigate any wrongdoings.
As the Army failed to comply with this order, Kumar filed a contempt case on August 24, 2012.
Meanwhile, the defence ministry and the chief of army staff filed appeals against the high court order before a division bench of the court. On November 21, the division bench headed by Chief Justice Vikramajit Sen came down hard on the Army for refusing to heed the earlier orders and imposed a fine of Rs 75,000 on the defence forces.
"Events and attitudes in most countries indicate that we are indeed disingenuous and insincere when we proclaim platitudinously (sic) that the world has become a global village; distrust and discrimination against a foreign citizen remains the order of the day,'' the bench observed.
"There is no empirical data that a foreign spouse will invariably constitute a weak link in matters of security,'' the court said. "We accept that the requirements and necessities of discipline and discretion is in the realm of discretion of the Armed Forces even if it may appear to some to be outdated, paranoid or chauvinistic,'' the court observed.
A day after, on November 22, the Army decided to relieve Kumar. The Army's decision was conveyed to the Karnataka high court on Wednesday, in the course of the hearing of the contempt of court petition. The Army has also stated that there are no disciplinary proceedings against Kumar.
The Army told the court that Kumar's resignation would be effective when the entire cost of his pre-commission training is refunded and on "furnishing his certificate of marriage" with Gunaratne.