SANTOSH KUMAR SINGH SON OF SRI MOHAN SINGH Vs. THE UNION OF INDIA THROUGH THE SECRETARY HOME DEPARTMENT

JUDGEMENT

(1.) Heard learned counsel for the parties as with regard to the following prayer made in this writ application.

(2.) Though Mr. S.D. Sanjay, learned Additional Solicitor General appearing on behalf of the respondent, has raised a question of maintainability of the writ application but, then, this Court, keeping in view the earlier inter-parte order dated 28.3.2014 in CWJC No. 1522 of 2014, is inclined to hold the writ application to be maintainable, inasmuch as, earlier when the petitioner had challenged the order of dismissal passed in Jammu and Kashmir and its affirmance in appeal at Delhi in CWJC No. 1522 of 2014, the same was permitted to be withdrawn by making an observation that the petitioner should exhaust the remedy of revision and, such, withdrawal was permitted with the consent of the then Assistant Solicitor General. Thus, now when the petitioner, being stationed in the territorial jurisdiction of this Court, had filed a revision and that revision has been rejected by the impugned order, this Court will non-suit the petitioner on the ground of territorial jurisdiction, inasmuch as, part of the cause of action on account of passing of the revisional order and its service on the petitioner has also arisen within the territorial jurisdiction of this Court.

(3.) This Court, however, would find it difficult to interfere with the original order, the appellate order and revisional order on merit for a simple reason that the charge against the petitioner of biagamy has been found to prove by all the three authorities. In fact, the very admission of the petitioner to the extent that he wanted the name of his second wife to be incorporated in the service book will be sufficient to show that he had a subsisting wife, namely, the first wife Rinku Devi and wanted to justify his another marriage with the second lady in the life time of his first wife.