SANDHYA PANDEY Vs. SHARVAN KUMAR PANDEY

JUDGEMENT

(1.) This appeal has been preferred by Smt. Sandhya Pandey claiming herself to be the lawfully wedded wife of the respondent-Sharvan Kumar Pandey, a Sub-Inspector of Police, against whom the police department initiated disciplinary proceedings and dismissed him from service on account of having contracted a plural marriage with the appellant during service in violation of Rule 29 of the U.P. Government Servant Conduct Rules, 1956. The respondent-Shravan Kumar Pandey filed Civil Misc. Writ Petition No. 70379 of 2009 in which the appellant moved an impleadment application dated 12.3.2010 which was neither allowed nor rejected and the writ petition filed by the respondent-Sharvan Kumar Pandey has been allowed setting aside the order of dismissal on the ground that only a minor penalty could have been imposed. In view of the above the appellant was formally before the writ Court under Chapter 22, Rule 5-A of the Allahabad High Court Rules, 1952. The appeal is therefore permitted to be presented on her behalf to which the respondents have no objection and the matter is being proceeded with to be disposed of finally with the consent of the parties.

(2.) The appellant who claims herself to be the second wife alleged that the respondent misrepresented facts and developed intimate relations with the appellant as if the respondent had lost his first wife Smt. Urmila Pandey. The appellant got married to the respondent No. 1 under this impression in the year 2008. The appellant accepted this as she was also a widower as her former husband had died in the year 1996. The appellant later on discovered about the first subsisting marriage of the respondent No. 1 and three children being born out of the wedlock. A complaint was filed by the first wife in 2009. Consequently, an inquiry was conducted and the respondent was dismissed from service on 30.11.2009.

(3.) The respondent-petitioner in his writ petition has admitted his earlier marriage with Smt. Urmila Pandey and they have three sons out of the first wedlock. The respondent No. 1 faced the inquiry and the first wife Smt. Urmila Devi deposed in the inquiry withdrawing her complaint on the ground that it was a mere suspicion on her part. The appellant also deposed before the enquiry to establish her alleged marriage with the respondent.