NISHIKANTA SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) This writ petition has been filed making a grievance against the order dated 10.12.1998 removing the writ petitioner from services. I have heard Mr. P.K. Roy Choudhury, learned counsel for the petitioner and Mr. C. Choudhury, learned Senior Central Govt. Standing Counsel appearing for the respondents.

(2.) The facts leading to the filing of the writ petition are more less admitted. The petitioner on the relevant time, while was serving as peon under the establishment of the respondent No.4, was issued with a memorandum of charge sheet dated 03.08.1998. Although two charges were framed against the petitioner, basically, there is only one charge which is, entering into second marriage by the petitioner during the life time of his first wife. The plea of the petitioner before the Enquiry Authority was that he had gone for the second marriage when the whereabouts of his first wife was not known for a period of ten years. However, from the Enquiry Report it appears that the petitioner had admitted his facts as narrated in the charges and thereby had admitted his guilt.

(3.) After submission of the Enquiry Report, the petitioner was provided with an opportunity of making a representation against the said Enquiry Report which he accordingly did. Thereafter, the order of penalty dated 10.12.1998 was passed by the Disciplinary Authority removing him from service with immediate effect.