LAWS(PAT)-1989-3-37

MOCHI LAL SINGH Vs. SECRETARY TO THE GOVERNMENT

Decided On March 30, 1989
Mochi Lal Singh Appellant
V/S
SECRETARY TO THE GOVERNMENT OF Respondents

JUDGEMENT

(1.) This application is directed against the order dated the 17th July, 1982, passed by the Commandant, GC CRPF - -MKG and as contained in Annexure 8 to the writ application whereby and whereunder the petitioner was communicated with the result of the departmental enquiry held against him as a member of the Central Reserve Police Force that he has been found guilty and has been dismissed from service with effect from the 15th July, 1982 (Afternoon).

(2.) The facts of the case lie in a very narrow compass. The petitioner who, at the relevant time, had been working as a Constable in the Central Reserve Police Force constituted under the Central Reserve Police Force Act, 1949 (hereinafter referred to for the sake of brevity as "the Act") a complaint was made by his wife Kanti Devi to the effect that the petitioner had not been maintaining her and he contracted a second marriage by marrying another girl named Shanti Devi. The aforementioned complaint was in the pen of the petitioner's son Ranbir Singh. The said complaint petition is contained in Annexure E/1 to the counter -affidavit.

(3.) From a perusal of the said Annexure E/1, it appears that on an earlier occasion also, similar complaint was made by Kanti Devi. On that occasion, the petitioner promised to maintain her but he did not fulfil his promises. Upon the aforementioned complaint, a preliminary enquiry was initiated as against the petitioner. The said enquiry was conducted by one Shri S.D Pandey. The said Shri Pandey made an enquiry from the complainant as also from other persons. Before Shri Pandey the petitioner categorically admitted that he had married Shanti Devi and had been living with both of his wives.