YOGENDRA KUMAR Vs. D I G PAC

JUDGEMENT

(1.) By means of the present petition, the petitioner is challenging the orders dated 30.4.1993 and 30.11.1992, passed by the respondent nos. 1 and 2.

(2.) The brief facts giving rise to the present dispute are that the petitioner was appointed as a Constable in a Special Police Force on 2.9.1988. After the due selection, he was posted in the Special Police Force at Moradabad. A disciplinary proceeding, by giving a chargesheet dated 24.6.1992, has been initiated against the petitioner alleging therein that the petitioner, having one living wife, had remarried again without obtaining divorce and without prior permission from the Department and as such had committed misconduct under the U.P. Government Servant Conduct Rules. Against the chargesheet, the petitioner submitted his reply, stating therein that he married to one Smt. Vimlesh Saraswat, daughter of Kanhaiya Lal, resident of Village Balikavas, Post Gaushi, District Aligarh on 28.6.1991 and he had not married to Smt. Sanyogita Sharma as she had married to one Ajai Kumar, Son of Ram Nath, Resident of Baraot, District Merut. Sri Ajai Kumar was alive and was not divorced by Sri Ajai Kumar. It was further stated that Smt. Sanyogita Sharma was living in Baraot in 1990 and she used to come to the house of Brother of the petitioner Rajendra Kumar. Smt. Sanyogita Sharma is a very clever lady and for the purpose of blackmailing the petitioner, she obtained the signature of the petitioner on a declaration dated 2.2.1990 fraudulently wherein it was stated that she got married with the petitioner. In the month of February, 1990, when the petitioner came to know about such fraudulent declaration, he filed Suit No. 177 of 1990 for declaring the said declaration dated 2.2.1990 as void. Notices were issued to Smt. Sanyogita Sharma, but she did not appear, despite service of notice and the suit was decreed by the judgment and order dated 25.7.1990, declaring the said document as void. The said order has become final and has not been contested before any of the competent court by Smt. Sanyogita Sharma.

(3.) In the enquiry proceeding, the statements of Smt. Sanyogita Sharma and the petitioner were recorded. The statements of Smt. Kailashwati, wife of Pooran Chand, Ram Kumar Pathak, Son of Brij Mohan, Subodh Kumar, Naresh Kumar and Smt. Veena Sharma were also recorded. The petitioner also examined aforesaid persons on 21.5.1992. The statements of Ameer Singh, Ashok Kumar and Raghubir Singh were also recorded in support of the petitioner. However, in the enquiry proceeding, it has been concluded that the petitioner married with Smt. Sanyogita Sharma and during the subsistence of his marriage he remarried with one Smt. Vimlesh Saraswat.