LAJJA RAM Vs. UTTAR PRADESH STATE TRIBUNAL

JUDGEMENT

(1.) In this case on 15.4.1997, learned standing counsel was granted three week to file counter-affidavit but although more than two years have expired, no counter-affidavit has been filed. Hence, I treat the allegations made in the petition to be correct and dispose of this petition.

(2.) The petitioner was Constable in the U. P. Police. He has challenged the impugned orders dated 20.12.1992. 30.4.1994 and 17.2.1997, Annexures-9, 10 and 14 to the petition. By order dated 20.12.1992 the petitioner's services was dismissed on the ground that while his wife Smt. Savitri was alive, he married one Smt. Yashoda as a second wife and hence violated Rule 7 of the relevant Service Rules. Against the dismissal order, the petitioner filed appeal and revision and both have been dismissed, hence this writ petition.

(3.) It has been held by the Supreme Court in Surjit Kaur v. Garja Singh, AIR 1994 SC 135, that for a valid marriage, the customary ceremonies have to be alleged and proved, and merely living together as husband and wife would not confer, the status of husband and wife.