RTO staff names colleague as husband for loan; HC stays proceedings

CHENNAI: In a minor relief to a woman superintendent of Road Transport Office (RTO), Chennai (Central), the Madras High Court passed an interim stay on a charge memo issued against her on charges of committing bigamy - for naming her married colleague as her spouse in bank records to avail the housing loan.

Justice MS Ramesh passed the interim injunction on hearing the petition filed by the *Mahalaxmi, a divorcee.

The petitioner wanted to quash the charge memo dated April 22 framed by RTO Theni for violating Tamil Nadu Government Servants Service Rules (TNGSSR).

However, the court passed the stay on the memo on the grounds that as per Rule 17 (b) of the TNGSSR, RTO Theni has no jurisdiction to frame charges against the petitioner.

“The petitioner herein is a superintendent in RTO, Chennai Central while the charges were framed by the RTO Theni. This aspect requires further deliberations. The petitioner made out a prima facie case, there shall be an order of interim stay, ” the judge observed.

The petitioner joined service as a typist with RTO Madurai (north) in 2009 and worked there till 2012. In her office, she met a male superintendent named *Rajan. As the petitioner is a divorcee and a junior, she got the guidance of *Rajan in the workplace as well as in her life.

Later, she was transferred to Chennai. When she tried for a housing loan from a public sector bank in KK Nagar, the bank manager said that her salary was not enough to avail Rs 25 lakh loan.

At that time, *Rajan was working as a motor vehicle inspector in Chennai. Hence, the petitioner approached him for his help to get a joint loan.

“Literally without any hesitation, by forgetting all the consequences, he accepted my request to record his name as my husband for record purposes to get the joint loan. The bank has also granted the joint loan of Rs.25 lakhs, ” the petitioner submitted through her counsel Thenmozhi Shivaperumal.

However, RTO Theni issued a charge memo on April 22 stating that I committed the offence of bigamy under section 494 of IPC – whoever has a husband or wife living, marries another one.

“As per Section 5, 7, 7-A Hindu Marriages Act, I did not marry my colleague as per the stipulated conditions for a Hindu marriage. I just mentioned his name only to avail a housing loan. My colleague and I had each 50 per cent title deed on the purchased house and my colleague did the Thaana (donating) settlement to transfer his 50 per cent deed towards me. Since he is working as PA to RTO Theni, the latter has issued the charge memo which is unsustainable, ” the petitioner submitted.

She also stated that she never married the man and there was no other illegal intimacy between us. Recording these submissions, the judge directed the transport department to file a counter on this matter on July 5.

Note : *Names of the petitioner and her colleague were changed.

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