STATE OF BIHAR Vs. SHEWETA MISHRA

JUDGEMENT

(1.) The allegations of an extra marital affair leveled against the 1st respondent, led to her dismissal from service, after an enquiry. The allegations were levelled by the wife of the person with whom the 1st respondent was alleged to have had an extra marital relationship and also entered into a marriage. Admittedly, there are litigations galore within the State of Bihar and in the neighbouring States; initiated by the wife alleging bigamy, domestic violence and so on and so forth.

(2.) We are concerned with only the initiation of domestic enquiry and the findings thereon, as a consequence of which the 1st respondent was dismissed from service and the interference caused to the dismissal by the learned Single Judge. The learned Single Judge set aside the dismissal order finding statutory violation in the enquiry initiated as also the enquiry having brought forth absolutely no valid evidence to support the finding of the delinquent employee having entered into a marriage with a person who had a subsisting marriage. The complainant, the wife of the person, who is alleged to have married the 1st respondent, was present in Court with an Advocate representing her seeking intervention in the matter. We were of the opinion that the said person has absolutely no reason to intervene in the present proceedings, which is between the State and the 1st respondent. Her personal grievances, if at all against her husband and the 1st respondent has to be agitated elsewhere; which proceedings she has already initiated. Moreover, we are apprised of certain facts which occurred during the litigation, from the orders passed by a Division Bench, which we have to necessarily notice before proceeding to decide the matter in dispute.

(3.) A Division Bench of this Court on 28/3/2019 directed notice to be issued to the 1st respondent by a detailed order. On 3/7/2019 noticing the allegations as also the application for intervention in the proceedings, made by the spurned wife, the Court directed the husband against whom allegations were raised of bigamy, to be impleaded in the proceedings. It was specifically noticed that the matter would be heard on merits, in the background in which the entire dispute had arisen, which possibly could be resolved by way of a conciliatory or negotiatory effort. On 25/7/2019 again after hearing the 1st respondent, the 2nd respondent; who appeared through counsel and the intervener, the Court noticed the litigations between the parties and noticed the order dtd. 3/7/2019 in which the Court had requested the intervener to ensure the presence of her parents also before Court, at the next posting date; which too was obeyed. The Court proceeded to embark upon a conciliatory proceeding with the 1st respondent and the husband and wife duo, being the 2nd respondent and the intervener as also the parents of the intervener; present in person. The Court having spent considerable time in conciliation arrived at a one time settlement, directing the husband to pay the wife/intervener an amount of Rs.50,00,000.00 (Rupees Fifty Lahks) and the 1st respondent to pay a further amounts of Rs.10,00,000.00(Rupees Ten Lakhs). Time was granted to pay the said amounts and it was specifically observed that the order was passed in the presence of the intervener and her parents, and it was directed that the intervener endorse her signature on the order-sheet as she was not represented by counsel. The Court dispensed with the presence of the parents and directed the respondents as also the intervener to be present on the next date, which was fixed on 8/8/2019.