STATE OF RAJASTHAN Vs. SHIPRA SAHA

JUDGEMENT

(1.) THIS appeal is directed against the judgment of the learned Single Judge dated 5. 12. 2006 allowing S. B. Civil Writ Petition No. 5380/2006 preferred by the respondent.

(2.) THE facts of the case are that the respondent was in the service of the State of Rajasthan and was inducted as Lecturer in the Government College, Dholpur since 1981. Her first appointment was on ad hoc basis. Later on, she was selected by RPSC. While she was posted as Lecturer in Government College, Barmer in 1994, she married Dr. Sangat Singh, who too was working as Lecturer in Government College, Barmer in 1998. By communication dated 9. 10. 2002 the petitioner was called upon to explain the allegation against her that she has contacted marriage with Dr. Sangat Singh, who was already married while his first wife was alive. She replied reminded to this effect also on 25. 10. 2002.

(3.) THE petitioner's assertion in her communication dated 28. 1. 2005 explaining her letter dated 13. 12. 2004 were not responded to and enquiry report was submitted on 5. 3. 2005 by the same enquiry officer holding the incumbent guilty of misconduct alleged against her. He has referred to letter dated 13. 12. 2004 to demonstrate the non-cooperation of the petitioner in participating in the enquiry and to buttress his conclusion to proceed ex-parte against the petitioner. However, in the enquiry report nothing was stated about letter dated 13. 1. 2005 addressed to the Government and letter dated 28. 1. 2005 bringing to the notice of enquiry officer existence of customary form of divorce supported by evidence of decision rendered by Rawana Rajput Hitkarini Panchayat Sabha, Barmer and that she has married Dr. Sangat Singh, Lecturer (Political Science), who was already married but his marriage with first wife dissolved.