SHYAM SUNDER Vs. STATE OF U P

JUDGEMENT

(1.) 1. Petitioner, who was a constable in U.P. Provincial Armed Constabulary (P.A.C.), has been dismissed from service on the ground of bigamy. Dismissal order was passed on 31.12.2004 by Commandant 15th Batalian, P.A.C., Agra. His appeal against the said order was also dismissed on 31.01.2005 by D.I.G. Police (P.A.C.), Agra. Review was also dismissed on 17.06.2005. All these orders have been challenged through this writ petition.

(2.) ADMITTEDLY Smt. Meena Kumari was wife of the petitioner. Petitioner filed divorce petition against her, which was allowed on 27.02.2004. However the allegation against the petitioner is that before passing of decree of divorce and during continuance of his marriage with Smt. Meena Kumari, he married with Smt. Saloni on 27.04.2001. Complaint before petitioner's appointing authority was filed by father of Smt. Meena Kumari.

(3.) AGAIN preliminary and final enquiries were held against the petitioner after serving fresh charge-sheet on 27.04.2004. This time, enquiry officer gave report against the petitioner on 15.11.2004, copy of which is Annexure-10 to the writ petition (typed copies of both the reports have also been supplied). Thereafter, show cause notice was given to the petitioner, who gave reply thereto and thereafter order of dismissal from service was passed.