RADHEY SHYAM RAM Vs. STATE OF JHARKHAND THROUGH THE CHIEF SECRETARY, GOVT.OF JHARKHAND
LAWS(JHAR)-2013-4-143
HIGH COURT OF JHARKHAND
Decided on April 26,2013

Radhey Shyam Ram Appellant
VERSUS
State Of Jharkhand Through The Chief Secretary, Govt.Of Jharkhand Respondents

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 (SubInspector armed). He earned 45 rewards in his service tenure. Nopunishment 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 showcause 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.) The enquiry officer found the charges proved against the petitioner and the disciplinary authority passed the order of penalty dated 05.02.1996, whereby the petitioner was ordered to be compulsorily retired from service. The petitioner preferred an appeal before the D.I.G., B.M.P., Southern Zone, which was dismissed on 16.06.1998 and the Memorial preferred by the petitioner was also dismissed by order dated 19.02.1999. The petitioner moved the High Court in C.W.J.C. No.4985 of 1999 (P). During the proceeding of the said writ petition, Smt. Salabi Devi, the wife of the petitioner was added as party respondent and she appeared through her counsel and made a statement in the Courtthat she has been living happily with her husband. In view of the aforesaid fact, the learned Single Judge remanded the matter to the authority for reconsideration of the matter. The representation submitted by the petitioner was rejected by order dated 11.06.2008 and therefore, the petitioner has approached this Court again.;


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