RAMASHISH KUMAR Vs. UNION OF INDIA

JUDGEMENT

(1.) Heard Mr. Anil Kumar Saxena, learned counsel for petitioner and Mr. Awadhesh Kumar Pandey, learned Senior Panel Counsel for the Union of India.

(2.) The present writ application has been filed for the following reliefs:

(3.) Learned counsel for the petitioner submits that the petitioner was joined in Central Reserve Police Force as a constable/Water Carrier in the year 1994 and has discharged his duties honestly and efficiently without any imputation or complain against him prior to the present false allegations. Learned counsel for the petitioner submits that three allegations were made against the petitioner for which a departmental proceeding was initiated. Allegation No.1 is that the petitioner after the death of his first wife Smt. Sheela Devi on 22/6/1997 married the wife of his mentally deranged and handicapped elder brother Smt. Dharamsheela Devi. Allegation No.2 is that during being alive of his 2nd wife Dharamsheela Devi without taking divorce from her the petitioner married Smt. Nirmal Devi the younger sister of his first deceased wife Smt. Sheela Devi. The allegation No.3 is that till receipt of allegation from third wife Smt. Nirmala Devi and his daughter suppressed all the above facts. Learned counsel for the petitioner submits that all the above allegations are misleading and false and without giving sufficient opportunity to the petitioner and examining the allegation with relevant documents, the aforesaid order dtd. 9/7/2015 was passed behind the back of the petitioner as he was under medical treatment was suggested not fit since 15/5/2015 by by Medical Officer Composite Hospital, C.R.P.F. Guwahati-23(Assam) for 24 weeks to the completed till Nov. 2015 and the same was not considered by the respondent No.4. In fact the petitioner had performed the marriage with Smt. Dharamsheela Devi after the death of his first wife Sheela Devi as per Customs and Rites under the pressure of relative and well wisher to save her children life due to the hopeless and mentally derailed ailments of her husband who is elder brother of the petitioner.