Jammu & Kashmir High Court
Mohd. Rashid vs Union Of India Th. D.G.P. Crpf And Ors on 28 November, 2019
Author: Tashi Rabstan
Bench: Tashi Rabstan
S. No. 47
HIGH COURT OF JAMMU AND KASHMIR
AT JAMMU
SWP No. 1017/2012
IA No. 1554/2012
IA No. 2459/2014,
IA No. 3954/2012,
IA No. 1/2015
Mohd. Rashid.
.....Petitioner(s)
Through:- Petitioner present in person.
V/s
Union of India Th. D.G.P. CRPF and Ors.
....Respondent(s)
Through:- Mr. Vishal Sharma, ASGI.
CORAM :
HON'BLE MR. JUSTICE TASHI RABSTAN, JUDGE
JUDGMENT (ORAL)
It is contended that the petitioner is serving as a constable in the CRPF and had married in the year 1978 with Mst. Muneera Begum. However, said Mst. Muneera Begum had deserted the petitioner in the year 1985. The petitioner applied for permission for solemnizing second marriage as required under Rule 15 of CRPF rules. It is averred that in the year 1985, while the petitioner was on deputation with the C.B.I and posted at Srinagar, the then S.P. C.B.I Srinagar granted permission to the petitioner for solemnizing second marriage and the SP had himself participated in the marriage ceremony along with entire staff. The petitioner divorced his first wife in the year 1993 and also submitted a declaration on 15.09.1993 to that effect. It is contended that the complaint was lodged by first wife and on the basis of said complaint, the respondents issued impugned notice dated 17.04.2012.
Learned counsel for the respondents submits that the enquiry could not be concluded because of interim order passed by this Court on 01.05.2012.
At this stage, the petitioner, who is present in person, submits that he would be satisfied in case this writ petition is disposed of by directing the respondents to proceed ahead with the enquiry after providing him an opportunity of being heard and also allow him to place on record any document in support of his contentions.
In view of the statement made by the petitioner, and no objections from the other side. Accordingly, this writ petition is disposed of by directing the respondents- competent authority to proceed ahead with the enquiry strictly in accordance with Rules, after providing an opportunity of being heard and also allowed the petitioner to submit any document, evidence, detailed representation/ reply to the notice and also allow him to bring any witness, if any.
Let the petitioner appear before the competent authority along with representation/reply on 16.12.2019. Thereafter, the competent authority shall consider the representation of the petitioner and complete the enquiry, if any, within a period of two weeks strictly under rules admissible to the field and pass appropriate order.
Petitioner shall be at liberty to challenge the adverse order, if any. Copy of this order be provided to the petitioner under the seal and signature of the Bench Secretary of this Court.
(Tashi Rabstan) Judge RENU BALA JAMMU 2019.11.29 14:26 28.11.2019 I attest to the accuracy and integrity of this Renudocument