NEPAL SINGH Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) This appeal by special leave is directed against the judgment and order of the Allahabad High Court dismissing the appellant's writ petition against an order terminating his services.

(2.) The appellant, Nepal Singh, was employed in a temporary capacity as Sub-Inspector of Police. He was serving at Shahjahanpur in 1968 when the Superintendent of Police. Shahjahanpur initiated disciplinary proceedings under S. 7 of the Police Act against him on the charge that while posted at Pithoragarh he had. in November, 1964. contracted a second marriage while his first wife was alive, and as this was done without obtaining the prior permission of the Government the appellant had violated Rule 29 of the U. P. Government Servants Conduct Rules, 1956. The appellant filed a reply and denied the charge. The oral testimony of about twelve witnesses for the prosecution and an almost equal number for the defence was recorded. But in January. 1970 the Superintendent of Police, Shahjahanpur wrote 'to the Deputy Inspector General of Police, Bareilly Range that as the act alleged against the appellant related to the district of Pithoragarh the disciplinary proceedings taken by him would be without jurisdiction unless there was an existing order transferring the proceedings from Pithoragarh to Shahjahanpur. Accordingly. on March 12, 1970, the Deputy Inspector General of Police, Bareilly Range ordered the quashing of the disciplinary proceedings. It appears that no further action was taken and the proceedings were dropped.

(3.) About this time the Inspector General of Police, Uttar Pradesh issued a circular letter to the Superintendents of Police throughout the State requiring them to submit a list of Sub-Inspectors who fell in any of the following three categories: