STATE OF ORISSA Vs. MARKENDESWAR NAYAK

JUDGEMENT

(1.) THIS writ petition has been filed by the State against the judgment and order dated 6.8.1999 passed by the Orissa Administrative Tribunal, Bhubaneswar in O.A. No. 1018 of 1988, by which the original application filed by the opposite party before the Tribunal had been allowed and the impugned order of his removal from service was quashed declaring PMR 825(b) of the Orissa Police Rules given in Orissa Police Manual as ultra vires to Article 311(1) of the Constitution and the same was struck down by the impugned order of the Tribunal.

(2.) THE brief facts of the case are that the opposite party, namely, Markandeswar Nayak was appointed in state police service in the post of Asst. Sub -Inspector of Police (ASI) thereafter he was promoted to the post of Sub -Inspector of Police vide order dated 21.11.1985 passed by the D.I.G. of Police (Admn.).

(3.) ON a complaint made by her, the Superintendent of Police, Sundargarh, conducted a preliminary inquiry and in the inquiry it was found that the opposite party had performed second marriage when his first wife was alive, which was violative of the provisions of the Government Servant Conduct Rules, 1959. Thereafter he was charge -sheeted and on the conclusion of the inquiry it was found that the delinquent entered into bigamous marriage by telling lie to Kamalini Nayak that he was a bachelor. The D.I.G. of Police, Western Region, Rourkela issued notice to the opposite party on the basis of the inquiry report to show cause as to why he should not be dismissed from service. Thereafter the order of removal from service dated 9.9.1986 was passed by the D.I.G. of Police, Western Region, Rourkela removing him from service: The opposite party filed an appeal against the said order dated 9.9.1986 and the appeal was dismissed by the D.G. and I.G. of Police, Cuttack vide his order dated 6.3.1988. Being aggrieved the opposite party filed the O.A. before the Orissa Administrative Tribunal, Bhubaneswar, which was allowed, vide impugned judgment and order as mentioned above.