UNION OF INDIA Vs. RAMASHANKAR GUPTA

JUDGEMENT

(1.) These two writ appeals arising out of the same judgment and order dated 05.01.2010 passed by a learned Single Judge of this Court in W.P. (C) No. 2554 of 2003 have been heard together and are disposed of by this common judgment and order. The writ petition was filed by one Shri Rama Shankar Gupta challenging his dismissal from the service of Assam Rifles on the charge of bigamy. The writ petition was partly allowed by setting aside the order of dismissal from service and remanding the matter back to the disciplinary authority for imposing any penalty other than major penalty.

(2.) W. A. No. 320 of 2010 has been filed by the Union of India and the Assam Rifles assailing the legality and validity of the above decision of the learned Single Judge. On the other hand, W.A. No. 257 of 2011 has been filed by the writ petitioner with the prayer that his dismissal order having been set aside, he would be entitled to all the service benefits including arrear salary and that the departmental enquiry be declared as void and illegal.

(3.) The facts of the case may briefly be noted.