HARVIR SINGH Vs. UNION OF INDIA THROUGH SECRETARY

JUDGEMENT

(1.) The short point involved in the present matter is whether conduct of the petitioner, against whom allegations were levelled of having entered into a second marriage while his spouse from the first marriage is alive, could be examined in departmental enquiry while the same was also a subject matter of inquest and trial in the criminal case preferred against the petitioner by his alleged first wife.

(2.) The petitioner has challenged the action and the order passed on the basis of the departmental enquiry whereby he has been punished by dismissal from service vide order impugned dated 20/08/2000 and the orders dt. 05/02/2001 and 24/07/2002 passed in departmental appeal and review petition on the ground that in Sessions Trial No.163/1998, the Additional Sessions Judge, Dhanbad vide his judgment dated 11/10/2001 has acquitted the petitioner from the charges of procuring miscarriage of child of the complainant and marrying informant Asha Devi and torturing her mentally & physically.

(3.) The learned Additional Sessions Judge, after examining the evidence of Asha Devi on oath, in his judgment arrived at a finding that Asha Devi, after death of her husband Davendra Prasad, did not marry anyone and accordingly acquitted the petitioner honorably.