RAVINDRA NATH YADAV Vs. STATE OF U P

JUDGEMENT

(1.) Brief facts, according to the petitioner, are that on 1.3.2013 the respondent no. 3 compulsorily retired the petitioner from service under Rule 56 (c) of the Fundamental Rules. Initially, he was appointed as Munsif (now designated as Civil Judge (Junior Division) pursuant to the selection made by the U.P. Public Service Commission in 1986. The petitioner was appointed and posted as Munsif at District Judgeship Jaunpur where he joined services on 7.6.1990. He functioned there till June 1993. Thereafter, he was transferred to Shikohabad in District Firozabad where he worked till June 1995, from where, he was transferred to Azamgarh where he worked till September 1995 whereafter he was transferred to Shahjahanpur where he worked till June 1998. Thereafter, the petitioner was transferred to Muzaffar Nagar in June 1998 where he worked there till June 2001. Again he was transferred to Hathras in June 2001. He functioned at Hathras till June 2004 from where he was transferred to Kanpur Nagar in the month of June 2004. From Kanpur Nagar he was promoted as Additional District and Sessions Judge in the Fast Track Court in the month of September, 2005 and was transferred to Lakhimpur Khiri where he worked till June 2009. From Lakhimpur Khiri, he was transferred to District Chandauli where he worked till April 2012 from where he was transferred to Muzaffar Nagar where he worked till passing of the impugned order on 1.3.2013.

(2.) The petitioner started his career as Assistant Law Officer in U.P. State Road Transport Corporation and he was posted in Gorakhpur in July 1987 till he was appointed as Munsif in the year 1990. After the selection of the petitioner as Munsif, during the process of character verification, several complaints were filed by the first wife of the petitioner leveling allegations against him. The complaints were supported by letters written by some Members of Parliament and Members of Legislative Assembly of the State of U.P. with the purpose that the petitioner may not get appointed on the said post. The complaints were considered by the authorities which were found to be false and the petitioner was given appointment as a Munsif and posted at District Jaunpur on 7.6.1990. The petitioner thereafter filed a divorce petition (bearing Suit No. 59 of 1990) under Section 13 of the Hindu Marriage Act on the ground of desertion and cruelty against his first wife which was decreed on 11.9.1991.

(3.) After the suit was decreed, the petitioner filed a caveat petition before High Court on 18.9.1991 but no copy of appeal was served on the petitioner or his counsel and the petitioner in good faith believing that no appeal had been preferred against the divorce decree dated 11.9.1991 and after waiting for statutory period of 30 days of filing of appeal as provided under Section 28(4) of the Hindu Marriage Act, 1955 solemnized his second marriage. Thereafter, the petitioner received a telegram from his divorced wife and came to know about the first appeal pending and also interim order passed by the High Court on 7.10.2009 staying the Judgment and decree dated 11.9.1991 passed in divorce suit.