PRABHAKAR NATH SAHU Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) Proceedings of this matter have been taken-up through video conferencing.

(2.) The petitioner herein calls in question the order dated 28.12.2015 (Annexure P-2), whereby the appellate authority i.e. Inspector General of Police, Surguja Range, Surguja has partly allowed the appeal of the petitioner and partly dismissed the appeal and converted the order of dismissal from service to the order of compulsory retirement.

(3.) The petitioner was Head-Constable in Department of Home. He was subjected to charge-sheet on 11.3.2015 alleging that he has kept Smt.Kalawati as his wife during the lifetime of his first wife (legally wedded) Smt.Bandi Devi without prior permission of the State Government, which is in violation of Rule 22(1) of the Chhattisgarh Civil Services (Conduct) Rules, 1965 (hereinafter called as 'Rules of 1965'). Upon full-fledged departmental enquiry, respondent No.3 by order dated 21.11.2015 (Annexure P-1) found the charge proved that during the lifetime of his first wife (legally weeded) Smt.Bandi Devi, the petitioner herein without divorcing her kept Smt.Kalawati as his wife and thereby he has violated the provisions contained in Rule 22(1) of the Rules of 1965 and that would amount to misconduct within the meaning of Rule 22-A of the Rules of 1965 and inflicted with penalty of dismissal from service. The petitioner called in question the order of dismissal from service before the appellate authority i.e.Inspector General of Police. The appellate authority by impugned order dated 28.12.2015 (Annexure P-2) partly found the charge proved under Rule 22(1) of the Rules of 1965, but considering the human angle and his liability to maintain two families, converted the punishment of dismissal from service to compulsory retirement, which has now been assailed by the petitioner in this writ petition filed under Article 226/227 of the Constitution of India.