DINA NATH Vs. DISTRICT MEDICAL OFFICER AND ORS.

JUDGEMENT

(1.) Dina Nath Petitioner was appointed as Malaria Inspector in March, 1956. Later on this post was redesignated as Sanitary Inspector. On 6 -8 -1968, the Petitioner was suspended. He was served with a charge sheet. It was alleged that he has married another girl without the consent of his previous wife Smt. Tara Devi which was in contravention of government servants conduct rules. The second wife's name was given as Smt. Snehroo Devi. Enquiry was held and the enquiry officer reported that the charge was duly proved. The disciplinary authority thereafter issued a show cause notice to the Petitioner proposing a penalty of removing him from service. The Petitioner was thereafter removed from service. His appeal to Respondent No. 2, Director of Health Services, was rejected. The Petitioner then filed an appeal to the Governor which was never decided.

(2.) The Petitioner received a memo, dated 11 -8 -1972 intimating him that it was proposed to hold a fresh enquiry. The Petitioner objected to fresh enquiry. He requested that before holding the fresh enquiry, the order of his removal be set aside and he be reinstated. The Petitioner thereafter did not participate in any fresh enquiry.

(3.) The defence of the Petitioner was that he was already married to Tara Devi as well as Snehroo Devi before he joined service, and, therefore, no misconduct was committed by him. It is the contention of the Petitioner that the Government's decision to hold fresh enquiry shows that the previous enquiry was not proper and should be set aside. It is also contended that the Civil Surgeon, who passed the order of Petitioner's removal, was not the disciplinary authority since the Petitioner had been appointed by the Director of Health Services.