STATE OF M.P. Vs. KAILASHVAN GOSWAMI

JUDGEMENT

(1.) Order dtd. 30/11/2007 passed by the learned writ Court in Writ Petition No.6711/2003 is impugned in this intra Court appeal.

(2.) The respondent started his career on 15/11/1972 as Constable in Madhya Pradesh Police. When he was posted as Constable in DRP Lines, Jhabua, a show cause notice dtd. 16/3/1998 was issued to him by the Department calling upon him to explain as to why he has married with one Kalawati while his earlier wife viz. Suganbai was alive, which amounts to contravention of rule 22 of the M.P. Civil Services (Conduct) Rules, 1965 (hereinafter, for short, "1965 Rules"). Minor penalty of stoppage of one increment for one year was also proposed.

(3.) Instead of proceeding with the aforesaid show cause notice proposing penalty, the Department commenced a regular departmental inquiry against the respondent by issuing a charge sheet under the M.P. Civil Services (Classification, Control and Appeal) Rules, 1966 (hereinafter, for short, "1966 Rules") on 4/6/1998. Apart other witnesses, Smt. Suganbai and Smt. Kalawati were also examined in the departmental inquiry. The Inquiry Officer vide report dtd. 18/12/1998 found that the respondent has two wives alive. It was followed by a show cause notice with regard to infliction of penalty, which was responded to by the respondent. Thereafter, the respondent was handed over the punishment of compulsory retirement. The appeal preferred by the respondent so also the mercy petition filed against the order of compulsory retirement were dismissed.