RADHEY SHYAM RAM Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) AGGRIEVED by rejection of his representation by order dated 11.06.2008 passed by the Commandant, Jharkhand Armed Police - 4, Bokaro, the petitioner has approached this Court by filing the present writ petition.

(2.) THE brief facts of the case as disclosed in the writ petition is that, the petitioner was appointed as Constable on 22.11.1972. He was promoted to the rank of Havaldar on 10.01.1986 and his name was nominated for the post of Civil Jamadar (Sub Inspector armed). He earned 45 rewards in his service tenure. No punishment was ever imposed upon him. The petitioner was served a Charge Memo dated 01.08.1995 on the allegation that he had contracted a second marriage with one lady Smt. Piyari Devi without taking permission of the government and he has refused to take care of his first wife and children, who are facing grave financial difficulty. On the basis of a letter written by his wife alleging that the petitioner has refused to give maintenance to her, a show -cause notice was issued to the petitioner and an enquiry was conducted by one Jagarnath Kunwar and a report was submitted on 01.01.1995 which was affirmed by the Deputy Superintendent of police, B.M.P. 4 vide Office Memo dated 15.06.1995 and therefore, a departmental proceeding was initiated against the petitioner.

(3.) A counter affidavit has been filed on behalf of Respondent No.4, in which, it has been stated that the wife of the petitioner namely, Smt. Salabi Devi had sent letters complaining mal treatment by the petitioner. It has further been stated that in the departmental proceeding, the petitioner was afforded reasonable opportunity to defend himself, however, he could not produce any material in his favour. The charges framed against him were found proved and therefore, the order of penalty dated 05.02.1996 was passed against him. In Para 9 of the counter affidavit, it has been stated,