Full Judgment
Narayan Roy, J.
1. Heard counsel for the petitioner and JC to SC 15.
2. Initially, this writ application was filed challenging the orders, as contained in Annexures 1 and 2, whereby and whereunder an inquiry report was called for pertaining to the application filed by Mrs. Saraswati Devi, wife of this petitioner and payment of salary of the petitioner was stopped. Subsequently, an order, as contained in Annexure 4 dated 15-6-2001 was issued directing for deduction of one third pay of the petitioner payable to his first wife Mrs. Saraswati Devi.
3. It is contended by counsel for the petitioner that the order, contained in Annexure 4, is wholly without jurisdiction, as there was no provision in law to deduct one third salary of the petitioner payable to his first wife. It is also contended that the respondent authorities assumed the jurisdiction of the competent authority as prescribed under the provisions of the Code of Criminal Procedure, and. therefore, the order impugned is not sustainable. It is also contended that no inquiry, whatsoever, was held nor any opportunity to put forth his defence was given to the petitioner.
4. It appears that on the basis of an application filed by Mrs. Saraswati Devi claiming herself as first wife of the petitioner inquiry was directed and having found Mrs. Saraswati Devi as legally wedded wife of the petitioner, the order impugned, as contained in Annexure 4. was passed by way of maintenance.
5. Counsel for the petitioner is not disputing the status of Mrs. Saraswati Devi, rather it is admitted that she was also the legally wedded wife, but she had sufficient means to maintain herself.
6. At the face of the order impugned, no further inquiry was required to be held and the authority, therefore, issued the order impugned, as contained in Annexure 4, deducting one third salary of the petitioner payable to his first wife.
7. The order, as contained in Annexure 4, in this view of the matter, cannot be said to be without jurisdiction and it has been done just to subserve the ends of justice, where the grievances of the needy wife have been redressed.
8. For the reasons aforementioned. I find no merit in this application.
9. It is accordingly, dismissed.