TANAJI DHONDLBA AWALE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This is the plaintiffs appeal against the decree passed by the lower Appellate Court allowing the defendants appeal and dismissing the plaintiffs suit with no order as to costs.

(2.) While his first wife was living, the plaintiff is alleged to have entered into a repeat wedlock with a woman, whose husband was very much alive. The plaintiff was a member of the armed constabulary of the Police Force. When this position of the plaintiffs alleged second marriage came to the knowledge of the higher authorities of the Department, they issued him a show-cause notice, held inquiries and in view of the fact that the plaintiff had entered into some kind of sexual relationship with another married woman held that he had contracted a second marriage with her and holding that this amounted to contravention of section 414(2) of the Bombay Police Manual, calling for highest punishment, passed an order removing him from the service. The validity of this order was called in question by the plaintiff by filing the instant suit. The trial Court accepted his contention and decreed the suit declaring the order of his removal from service to be bad in law and ordering the Government to pay him all the back wages. This decree was, however, set aside by the Appeal Court and, hence, this second appeal.

(3.) The salient features are those mentioned above; but details about the same are also necessary for the purpose of this judgment. The full statement of the relevant facts is as follows :