RAM NARESH SINGH Vs. STATE OF U P

JUDGEMENT

(1.) R. H. Zaidi, J. By means of this peti tion under Article 226 of the Constitution of India, petitioner prays for issuance of a writ, order or direction in the nature of certiorari quashing the order dated 20-12-1998 passed by Superintendent of Police, Pratapgarh, dismissing the petitioner from the post of the police constable (Civil ).

(2.) IT appears that the petitioner while posted at police chowki, Dilip Pur, Khan-dai, District Pratapgarh married Smt. Rajesh Kumari, daughter of Adya Prasad, during the life-time of his first wife, in violation of the provisions of U. P. Govern ment Servants' Conduct Rules, 1956. Out of the said wedlock one daughter was also born to Smt. Rajesh Kumari. On receipt of the complaint against the petitioner preliminary enquiry was conducted at Pratapgarh. On the basis of the said preliminary enquiry, charge- sheet was framed, which was communicated to the petitioner along with show-cause notice. Petitioner submitted his reply. The dis ciplinary proceedings were conducted at Pratapgarh. In the meanwhile, petitioner was transferred from Pratapgarh to Rai Bareli. After following the procedure prescribed under the law, the impugned order of dismissal was passed against the petitioner, as the charge levelled against him was proved from the evidence on record.

(3.) I have considered the submissions made by learned Counsel for the parties and perused the record.