- (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. 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 Court that 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 re -consideration 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.
(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, "That it is humbly stated and submitted that Smt. Salavi Devi again sent a petition dated 14.06.1995 in two copies through registered post, which was received in the Office on 22.6.1995. She also appeared in the office of the then Commandant, B.M.P. 4, Bokaro on 21.7.1995 and submitted a petition dated 9.7.1995 containing the allegation against her husband Radheyshyam Ram petitioner that her husband refused to give maintenance to her and her children and he had married second time with one Piyari Devi, who frequently used to visit the house of Radheshyam Ram during his leave period. She also requested to save the entire family from destruction and to arrange the sufficient maintenance allowance to her and her minor children." ;