KAUSHAL KISHOR MISHRA Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) The petitioner has preferred this writ petition seeking the relief to quash the impugned order dated 20.02.2008 (Annexure P-1) and to get all consequential benefits.

(2.) This is admitted by the respondents that the petitioner is working as Ayurvedic Medical Officer. His marriage was solemnized with Ms. Anita Mishra. He had undergone sterilization operation and thereafter he had got two increments by letter dated 14.01995 (Annexure P-2). The Deputy Secretary of the State initiated departmental inquiry against him on 11.02004. The copy of the charge-sheet was provided to him. The relevant papers regarding departmental enquiry are collectively (Annexure P-8). The two charges were framed against the petitioner one was that he had two wives and second was that he had not furnished correct information.

(3.) In brief, the petitioner's case is that his marriage with Smt. Anita Mishra was solemnized on March, 1992. They have adopted a child namely Achintya on 19.1994. His sterilization was conducted on 19.01994. The First Additional District Judge, Kanker had passed the judgment and decree of divorce between the petitioner and Smt. Anita Mishra on 7.11.2002 (Annexure P3). He entered in the second marriage with Ku. Rekha Paal on 22.01.2004. The marriage certificate is Annexure P-5. After completion of the departmental enquiry by impugned order Annexure P-1, his two advance annual increments were withheld with cumulative effect. The impugned order is illegal and contrary to the law. He had contracted second marriage after obtaining the decree of divorce from the Court, he had not furnished any wrong information.