IN THE HIGH COURT OF GAUHATI
K. Sreedhar Rao, J.
Anurag Agarwal - Appellants
Vs.
State of Assam and Ors. - Respondent
W.P.(C) No. 2953 of 2013 and Cont. Case (C) No. 384 of 2013
Decided On : 01.04.2015
Constitution of India,1950 - Posting by sending bank draft - Sale value as per registered deed - Petitioner is an IPS officer working under Government of Assam petitioner admittedly purchased a plot of land bearing Dag Village district of under a registered sale deed - Writ petition disclose that there was matrimonial discord between petitioner and his wife and she had submitted a complaint to Government on –Court have borne abuses mental and physical torture and neglect of myself and my son for a long time - But now things have come to such a point that court have no option but to report matter to higher authorities for seeking justice for myself and my son tale of woes is very long but it is being mentioned in - Held, Contention of Additional Advocate General that permission be granted for regular enquiry is untenable - In fact decision of supreme Court in case disclose that Court can only interfere if on charges framed no misconduct or other irregularity alleged is established - In this case findings in preliminary report and sanction for regular enquiry are blatantly contrary to record and do not disclose any sort of misconduct on part of petitioner shows that his name was referred thrice for Presidents gallantry award and for want of vigilance clearance, he has not been given gallantry award - However for purpose of this case that aspect is not relevant - With regard to contempt petition there appears to be some confusion on part of the petitioner in understanding scope of enquiry in question - Petition dismissed
K. Sreedhar Rao, J.
1. The petitioner is an IPS officer working under the Government of Assam. The petitioner admittedly purchased a plot of land bearing Dag No. 185 of K.P. Patta No. 248 Village Noonmati Gaon in the district of Kamrup under a registered sale deed dated 22.12.2011 from one Mayur Talukdar for a sum of Rs. 72 Lakhs 75 thousand. The purchase was a joint purchase in his name and in the name of his brother-in-law Anvesh Kumar Goyal. The facts alleged in the writ petition disclose that there was matrimonial discord between the petitioner and his wife and she had submitted a complaint to the Government on 02.02.2003, which is as follows:
"I am the legally wedded wife of Shri Anurag Agarwal I.P.S., Presently as S.P. Karimganj. Our marriage was solemnized at MORADABAD (U.P.) on 31.01.01 and I have a son aged 14th months from that marriage.
I have borne abuses, mental and physical torture and neglect of myself and my son for a long time, but now things have come to such a point that I have no option but to report the matter to higher authorities for seeking justice for myself and my son. The tale of woes is very long, but it is being mentioned in brief.
Unfortunately from the very beginning my husband and his family members, including his sisters and brothers in law, have been extorting money running into tens of lacs on one pretext or other and now on inability of my father to meet further dowry demand he has deserted me and warned my fattier to face the consequences.
I tried to talk to him several times on telephone but he refused to come on line. My all letters to him remained un-answered.
Of late it is learnt that he wants to get rid of me and re-marry some one whose people can fulfil his demands. He has insulted me several times and physically assaulted me on the ground that my father has not fulfilled his demands. He and his parents, particularly his mother insisted that I write on paper that in the event of my death he and his family members would not be held responsible. He and his mother wanted to commit my murder and the note was got prepared to lay a cover on it.
A part from the above, otherwise also he does not behave like a scrupulous person and a member of higher civil services; for example in order to get travel concession from Sahara Airlines he impersonates as captain A. Agarwal of sikh regiment and thus makes false declaration in forms. He has done it several times for journey between Dibrugarh and Delhi. I may point out that one such journey was undertaken between 20th and 22nd April 2001 between Dibrugarh and Delhi and back. A proper inquiry would confirm this fact.
He has been transferring a lot of money to his brother-in-law from his place of posting by sending bank draft from Sadia (Tinsukia) to Gangoh, Saharanpur, U.P. in the names of M/s. Goyal paints and laxmi cement.
I understand that even his driving license taken at Gangoh, Saharanpur U.P. is not in his own name, but in the name of Anurag Goyal. He appears to be in the habit of impersonating by taking different names to suit his purpose.
Above all, his behaviour towards me and his son has been very cruel. In my case it extended several times to physical violence. I, as a Hindu wife, had to tolerate all this, lest we should earn disrepute. But it was extreme when he turned me out of house on 22.04.02's night at Morigaon asking me to go away. I was compelled to give a phone call to my father at 11.00 at night from a P.C.O. Finding no other alternative at that strange place I returned and on my telling my husband that my father would be coming to take me, he allowed me to stay for the night.
When my father came to take me on 23.04.02 my husband insulted him shouting that I would not be permitted to stay with him unless my father paid further money.
Far from calling me back or agreeing to my return he has never phoned me to enquire about my we
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