SARJU RABIDAS Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard Mr. Mahesh Kumar Sinha, learned counsel for the Petitioner and Mr. Pradip Mcdi, learned G.P.I. for the State-Respondents. No body appears on behalf of the Respondent No. 3, i.e., Bundiya Devi.

(2.) The petitioner in the instant case is aggrieved by the letter dated 22/9/1993 as contained at Annexure 4, by reason whereof the Additional District Magistrate, Dhanbad, directed the General Manager, East Colliery, Katras of M/s. Bharat Coking Coal Limited to deduct a sum of Rs. 500.00 (Rupees Five Hundred) each month from the salary of the Petitioner and pay the same to the Respondent No. 3.

(3.) From the text of the impugned letter it appears that earlier on 16/3/1993 the Office of the said Additional District Magistrate had sent a letter to the General Manager directing that departmental proceeding be initiated against the petitioner. The impugned letter expresses regret that inspite of such a letter having been sent, no departmental proceeding had been initiated. In the second paragraph of the impugned letter it has been mentioned that there is a complaint against the petitioner to the effect that he had driven out his second wife (Respondent No. 3) after assaulting her and was not maintaining her which was a source of great difficulty to her and to her child. In the last paragraph of the impugned order, the Additional District Magistrate refers to a meeting purporting to have taken place on 17/8/1993 with the Deputy Commissioner and in that meeting, a unanimous decision appears to have been taken to the effect that the aforesaid deduction of Rs. 500.00 (Rupees five hundred) should be made from the salary and paid to the Respondent No. 3.