OM PRAKASH DUBEY Vs. UNION OF INDIA

JUDGEMENT

(1.) THIS is a writ petition under Article 226 of the Constitution of India for quashing order dated 12-44989 (Annexure P-2) by which the services of the petitioner have been terminated.

(2.) IT is not in dispute that the petitioner was working as Lance Naik in the Army. His number was 7771580 X L/nk (MP ). He was appointed on 7-7-1979. He was married to Smt. Subhadrabai in the year 1973. On 25-5-1987 a show-cause notice was issued to the petitioner. A copy of that show-cause notice is Annexure R-4. In this notice it was alleged that the petitioner has remarried Prabhabai. The petitioner submitted a reply dated 5-12-1988 (Annexure R-6 ). In this reply the petitioner has admitted that he has remarried on 21-7-1986. The petitioner was also prosecuted for the offence punishable under Section 494, IPC on a complaint filed by his first wife. The petitioner has been acquitted of the charge under Section 494, IPC by judgment dated 26-5-2001 of the Judicial Magistrate First Class, Katni.

(3.) THE petitioner's case is that charge of bigamy has not been proved against him in the Court and, therefore, termination of his services on the ground of contracting "plural marriage" is illegal.