S.K.SHIVAKUMAR Vs. DIRECTOR

JUDGEMENT

(1.) This Writ Petition is filed for a Writ of Certiorari cum Mandamus to quash the order dtd. 19/12/2006 of the First Respondent and consequently direct the Respondents 1 to 3 to continue the service of the Petitioner from 19/12/2006 with all attendant benefits.

(2.) The salient facts of the case are as set out herein. It is an admitted position that the Petitioner married K.Neelaveni/the 4th Respondent herein on 3/9/1997 and that the marriage was solemnized at Dr.Ambedkar Thirumana Mandapam, Tambaram. Admittedly, the petitioner and his wife lived together for a short period after the marriage and they are now residing separately. It appears that the wife of the Petitioner filed a complaint with Respondents 1 to 3 and called upon them to initiate disciplinary proceedings against the Petitioner because he had unlawfully married another person, namely, Bharathi, through whom he had a child. In view of the fact that no action was taken on the complaint initially, the 4th Respondent filed W.P.No.21531 of 2003 before this Court and this Court by order dtd. 20/8/2003 directed the respondents 1 to 3 to conduct an enquiry in accordance with the law. During the first enquiry, the 4th Respondent produced a copy of statement allegedly made by people from Kilsirupakkam Village to prove the bigamous marriage. But the enquiry officer held that in view of the absence of original documents and the oral evidence of the persons who said that the Petitioner married the said Bharathi, the charges were not proved.

(3.) Accordingly, the Petitioner's wife(4th respondent herein) filed a second Writ Petition in W.P.No.27560 of 2004 before this Court and this Court, by order dtd. 22/3/2005, directed the Respondents 1 to 3 to consider all the documents produced by the Petitioner, provide sufficient opportunity to both parties and decide the matter within a period of four weeks from the date of request.