DEPUTY INSPECTOR GENERAL OF POLICE Vs. LALLAN PRASAD

JUDGEMENT

(1.) The claimant respondent was punished vide order dated 22.08.1994 and dismissed from service on the ground that he was living with another married lady and keeping her as wife and hence guilty of Rule 29 (i.e Bigamy) of U.P. Government Servant conduct Rules, 1956 (hereinafter referred to as " Rule,1956). This order of punishment has been set aside by State Public Services Tribunal, Lucknow (hereinafter referred to as "Tribunal") by judgment dated 30.07.2007 and it is this judgment which has been impugned in this writ petition.

(2.) We find that there is no allegation against claimant respondent that he entered second marriage while first wife is alive. In absence of such allegation, mere fact that claimant respondent was living with another lady, it cannot be said that he has contacted another marriage and, therefore, guilty of bigamy. The very charge leveled against delinquent employee do not satisfy requirement of Rule 29 i.e Bigamy. Hence, question of punishment on the charge of bigamy does not arise.

(3.) In these circumstances, we find no error in the impugned order of Tribunal whereby it has set aside punishment order whereby claimant respondent was punished on the charge of bigamy.