MEGTHALA GIRI Vs. UNION OF INDIA

JUDGEMENT

(1.) The Petitioner was working as Head Constable/Driver in Visakhapatnam unit of Central Industrial Security Force in the year 2002. His wife committed suicide on 31.08.2002 by pouring kerosene and putting herself on fire. During the course of treatment, she succumbed to burn injuries and died. Taking the said fact into account, the Commandant, C.I.S.F., Respondent No. 2 herein, caused preliminary enquiry. This was followed by issuance of charge sheet, dated 14.09.2002, on the Petitioner.

(2.) The allegation against the Petitioner was that he is in the evil habit of consumption of liquor and did not give up the habit even after repeated requests made by his wife and having become frustrated with the Petitioner, she committed suicide by pouring kerosene and setting herself ablaze on 31.08.2002. The Petitioner submitted his explanation. He stated that he did not resort to any acts of indiscipline in the course of his service and at no point of time, he had any quarrel with his wife. He contends that the unfortunate incident of suicide by his wife cannot constitute a ground for initiation of disciplinary proceedings. He further stated that in the Dying Declaration also, his wife stated that she did not face any harassment from him. Not satisfied with the explanation offered by the Petitioner, the disciplinary authority ordered departmental enquiry. A report was submitted by the Enquiry Officer holding that the charge is proved.

(3.) Respondent No. 2 agreed with the findings of the Enquiry Officer and invited comments of the Petitioner, on the report. The Petitioner submitted his representation on 02.01.2003, raising several contentions. On a consideration of the same, Respondent No. 2 passed final order, dated 11.01.2003, directing removal of the Petitioner, from service. Appeal preferred by the Petitioner to Respondent No. 4 was rejected on 03.09.2002. Hence, this writ petition.