P/C RANJAN KUMAR GOGOI Vs. STATE OF ASSAM
LAWS(GAU)-2017-1-41
HIGH COURT OF GAUHATI
Decided on January 19,2017

P/C Ranjan Kumar Gogoi Appellant
VERSUS
STATE OF ASSAM Respondents

JUDGEMENT

A.K.GOSWAMI,J. - (1.)Heard Mr. R. A. Choudhury, learned counsel for the petitioner. Also heard Mr. A. L. Mandal, learned counsel, appearing for respondent No. 5, and Mr. T. C. Chutia, learned State counsel, appearing for the State respondents.
(2.)The petitioner, at the time of filing the instant writ petition in the year 2010, was a Platoon Commander in Assam Tea Plantation Security Force and was posted at Naharkatia Tea Estate. His case is that he is married to one Rumi Bhuyan and his marriage was solemnized on 07.05.2010. The writ petition was filed by him assailing the validity of the order dated 16.06.2010 passed by the respondent No. 4. The order reads as follows:
"Order

In view of the complaint lodged by Mrs. Puja Baruah, w/o Ex-service P/C Ranjan Baruah deployed at Naharkatia T.E., he was asked to appear in O.R. on 18.05.2010 vide this office letter No. AISF-II/R/110/2009-10/1372 dtd. 14.05.2010.

Accordingly, he appeared in O.R. before me on 18.05.2010 and heard him in person. During hearing, it is found that the complaint lodged by his wife Mrs. Puja Baruah is true. P/C Baruah has married 2nd wife in presence of his first wife Puja Baruah without her consent.

Although Sri Baruah wants to keep his first wife with him, but Mrs. Baruah is not agreed to stay with the newly married 2nd wife of Sri Baruah.

Since P/C Ranjan Baruah has violated the provision of Govt. servant Conduct rules, for marrying 2nd wife in presence of 1st wife without her consent, it is therefore ordered to pay Rs. 5,000/- from the salary of P/C Ranjan Kr. Baruah from June/2010 to onwards to his first wife Mrs. Puja Baruah for her maintenance.

The amount of Rs. 5,000/- should be directly debited to the SBI A/C No. 11647520988 of Mrs. Puja Baruah.

Sd/-

Commandant

AISF Bn.-II, Niz Chabua,

Dibruagarh, Assam"

(3.)A perusal of the aforesaid order goes to show that the petitioner was asked to appear before respondent No. 4 on 18.05.2010 in view of a complaint lodged by respondent No. 5, namely, Mrs. Puja Baruah. Based on the hearing, respondent No. 4 recorded the finding that the petitioner had married a second time and that the respondent No. 5 is the first wife of the petitioner. Accordingly, by the said order, the respondent No. 4 granted maintenance of Rs. 5,000/-, per month, to be deducted from the salary of the petitioner and the same is to be credited to the account mentioned in the said order, which stood in the name of respondent No. 5.


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