NEENA SINHA Vs. UNION OF INDIA

JUDGEMENT

(1.) THE appellant-Ms. Neena Sinha is wife of Mr. Jyoti Kalash. She impugns order dated 23rd May, 2006 passed by the learned Single Judge dismissing her writ petition W. P. (C) No. 8868/2006 seeking initiation of departmental proceedings against Ms. Pramila Sharan, the respondent No. 3 on the ground that she is having an extra marital affair with her husband.

(2.) LEARNED counsel for the appellant submitted that respondent No. 3 has violated Rule 3 (1) (iii) of the Central Civil Service (Conduct) Rules, 1964, which requires that every Government servant shall not act in a manner which is unbecoming of a Government servant. She also relies upon MHA letter No. 43/56/54-AVD dated 22nd October, 1964 issued by the government of India, which provides for suspension of a Government servant involved in acts or conduct involving moral turpitude. Learned counsel for the appellant has also drawn our attention to the judgment of madras High Court in the case of State of Tamil Nadu v. P. M. Belliappa, 1984 (3) SLR 534.

(3.) WE may mention here that learned counsel for the respondent No. 3 has denied allegations made by the appellant against the respondent No. 3. Learned counsel for the. respondent No. 3 has also drawn our attention to order dated 2nd August, 2007 passed by Civil Judge, Delhi dismissing the suit filed by the appellant herein against respondent No. 3 on similar allegations holding that the plaint did not disclose any cause of action.