MAHENDRA KUMAR Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard counsel for the parties.

(2.) This writ application is directed against the order of termination dated 21-12-2002 issued vide Memo No. 1669 as contained in Annexure-10 whereby and whereunder services of the petitioner have been terminated.

(3.) According to the case of the petitioner, an enquiry was held against the petitioner pursuant to an application filed by his first wife, respondent No. 6 at the level of the Director, Health Services. After completion of the enquiry, an enquiry report was submitted indicating therein that the petitioner during the lifetime of his first wife married another lady. Pursuant to the enquiry report, notice was given to the petitioner dated 11-12-1995 by the Regional Administrative Medical Officer, E.S.I., Patna asking him to explain as to why action be not taken against him for marrying another lady during the lifetime of the first wife. The petitioner answered the notice vide application dated 14-12-1995 admitting the fact that he married another lady during the lifetime of his first wife as first wife was suffering from mental ailments. The authorities having considered reply to the notice filed by the petitioner issued orders as contained in Annexure-3 and Annexure-3/1 dated 21-2-2000 and 29-2-2000, respectively, whereby and whereunder half salary of the petitioner was directed to be given to his first wife, Geeta Devi, with effect from February, 2000. The orders as contained in Annexures 3 and 3/1 were given effect to and in the meantime, the order impugned as contained in Annexure-10 was passed terminating the services of the petitioner.