Hanamanth v. Divisional Controller & Disciplinary Authority
2013-03-18
D.V.SHYLENDRA KUMAR
body2013
DigiLaw.ai
JUDGMENT 1. Writ petitions by an employee of the North Eastern Karnataka State Road Transport Corporation, who was working as a Cook-cum-caretaker in the guesthouse of the Corporation. 2. The petitioner was charged with the allegation that he had taken a second wife in lieu of first wife and under the departmental enquiry, the Disciplinary Authority has found the charge proved and ordered for stoppage of one increment as per the order dated 15.10.2011. 3. It is questioning this order as well as the show cause notice at Annexure-N issued by the Reviewing Authority proposing to revise the order, the present writ petition. 4. Submission of Sri. Umesh V. Mamadapur, learned counsel appearing for the writ petitioner is that the petitioner had obtained dissolution of the marriage with the first wife and it is thereafter, he had contracted second marriage; that attempt on the part of the first wife seeking for restitution of conjugal rights in M.C. No.17/1997 though had been allowed by the Family Court, had came to be set aside by this Court in MFA No.1403/2000 and connected cases in MFA Nos.2333/2000 and 6943/2002 as per the judgement dated 09.09.2013 and therefore, submits that the disciplinary proceedings are all not tenable in law etc. 5. It is not necessary for this Court to examine these facts, sitting as a Court of appeal in writ jurisdiction. If the Reviewing Authority reviews the order passed by the Disciplinary Authority, it is open for the petitioner to place such material before the Reviewing Authority and convince the Reviewing Authority. 6. No need to interfere in the writ petitions. Accordingly, writ petitions are dismissed.