SANJAY KUMAR Vs. STATE OF M P

JUDGEMENT

(1.) IN this intra-Court appeal preferred under Section 2 (1) of the M. P. Uchcha Nyayalaya (Khand Nyaypeeth Ko Appeal) Adhiniyam, 2005 (for brevity 'the 2005 Act'), the defensibility of the order dated 19-9-2007 passed by the learned Single Judge is called in question.

(2.) THE appellant, who was appointed as a Constable on 3-12-1994 on compassionate ground, was issued a charge-sheet on the allegation that he had contracted a second marriage with one Maya Jatt despite the fact that his first wife, Prabha Jatt, was alive and there had been no divorce. Charge of bigamy was framed under Rule 22 of the M. P. Civil Services (Conduct) Rules, 1965. After the charge was framed, an Enquiry Officer was appointed who submitted the report to the effect that the charge levelled against the petitioner has been proven and he is guilty of the same. The enquiry report was accepted by the disciplinary Authority and he passed the order of dismissal. On an appeal being preferred, the Appellate Authority concurred with the view expressed by the disciplinary Authority. Thereafter the appellant knocked at the doors of the m. P. Administrative Tribunal under Section 19 of the Administrative Tribunal act, 1985, in O. A. No. 2689/99. After the abolition of the Tribunal by operation of law, the writ petition was transferred to this Court and was heard by the learned Single Judge.

(3.) BEFORE the learned Single Judge, it was contended that the findings recorded by the Enquiry Officer were perverse and did not deserve concurrence by the Disciplinary Authority. It was also urged that bigamy is not a misconduct under the M. P. Civil Services Rules, 1966, on which basis charge has been framed. It was also contended that once it is not a misconduct he could not have been proceeded in the departmental proceeding and punished. The learned single Judge repelled the submission and dismissed the writ petition.