PARMESHWAR SWAROOP Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) IN this writ petition Parmeshwar Swaroop, a civil servant, has prayed that the following relief may be granted to him:- (i)to revote the order of suspension dated 17. 9. 82 retrospectively with effect from 20th March, 1982, (ii)and to pay his full salary and allowances for the entire period from the date of his deemed suspension till the date of the revocation of the order of suspension, after deduction of subsistence allowance already paid to the petitioner.

(2.) PARMESHWAR Swaroop was employed as subject-matter Specialist (Plant protection) Agriculture Officer and posted as such in the office of the District Extension Officer, Rajasthan Canal Project, Suratgarh. A case under Section 302 I. P. C. was registered against him on March 18, 1982 for causing death of none else but his own wife Madhu. He was suspended from service by order dated September 17, 1982 (Annexure-1 ). He along with his father was prosecuted under Section 302, 302/34, 201, 120 B I. P. C. on the allegation that after the marriage with Madhu Saxena, accused Bhagwan Swaroop and PARMESHWAR Swaroop started teasing and harassing PARMESHWAR Swaroop's wife Madhu for dowry on the ground that proper dowry has not been given. There was some litigation also. On March 18, 1982 the dead body of Madhu was found in the house of the accused. Since only the first page and pages 24 and 25 of the judgment have been filled by the learned counsel for the petitioner, it would not be possible to narrate the entire facts, nor the reasons which led to the acquittal. However, the most important feature of this case is that in the operative part of the judgment the learned Sessions Judge, Jaipur City while acquitting the accused has made serious observations against the accused and held that after the marriage the husband and the father-in law harassed Madhu and created such adverse inhuman circumstances in which she virtually was compelled to die and they are morally responsible for her death. It has been mentioned that PARMESHWAR Swarroop filed a petition for judicial separation. Madhu then submitted written apology, but inspite of that PARMESHWAR Swaroop never gave any love or affection to her. Madhu was completely disillusioned and she mentally and physically collapsed as she was not given any affection. The cruelty was so acute that the father-in-law did not allow her to come before him on the ground that he would not like to see her face. The learned Sessions Judge was so much overs helmed with the pitiable condition of the girl Madhu that he observed that the cruel treatment of the husband was of such a heinous nature that she was not treated even like a cattel and inspite of serious agony of the wife, the husband continued to be indifferent and cruel to her. Slowly and slowly Madhu reduced herself to a skeleton and ultimately died, but the husband and father-in-law were so cruel that even her dead body was allowed to remain unattended and nobody bothered about it. It was after many days that the worn, torn, and highly decomposed dead body was found, which exhibits the climax of cruelty, inhumanity, barbarity of the husband and in-laws. The learned Sessions Judge has mentioned that the tell tale of this tragedy is heart rendering and society shocking, nerve breaking.

(3.) IN a series of decisions it has been laid down that the jurisdiction under Article 226 of the Constitution is extraordinary and equitable.