NEPAL SINGH Vs. STATE OF U P

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 196H when the Superintendent of Police. Shahjahanpur initiated disciplinary proceedings under Section 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. Bui 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.) THE Superintendent of Police, Shahjahanpur drew up a list of such Sub Inspectors on February 5, 1970 and directed them to appear before the Deputy Inspector General of Police, Bareilly Range on February 10, 1970 during his inspection of the district. The list included the name of the appellant with the note :