PRABHAT BHATNAGAR Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard Shri Sanjay Kumar Om, learned counsel for the petitioner, learned Standing Counsel for the State-respondents and perused the record.

(2.) The petitioner was appointed on Group 'G' post as an Apprentice in the office of District Development Officer, Bareilly on 8/4/1999. There is no dispute about the fact that the petitioner married to one Anuraddha Saxena on 24/11/1999, however, the controversy revolves around a second marriage allegedly performed by the petitioner with one Anju Khandelwal who was working with him in the same department. The allegation against the petitioner was to the effect that during the subsistence of first marriage with Anuraddha Saxena, he performed second marriage and, therefore, he committed a misconduct. A charge-sheet was issued to the petitioner raising the same charges. A reply was submitted by the petitioner, in which, factum of performance of second marriage was denied by him.

(3.) It is the case of the petitioner that no proper enquiry was conducted and simply after considering the reply submitted by the petitioner, alleged enquiry was completed and, later on, by the order impugned dtd. 4/7/2005, the petitioner was awarded major penalty in terms of dismissal from service. The petitioner preferred a departmental appeal which was also dismissed.