S.K.SINGH, J. - (1.) By means of this writ petition, the petitioner has prayed for issuance of a writ in the nature of certiorari quashing the order passed by the Senior Supdt. of Police, Allahabad dated 31.3.1999 (Annexure -7 to the writ petition) by which the petitioner was placed in the lower grade for one year. A further prayer has been made for quashing the order of the D.I.G.. Allahabad range dated 21.7.1999 (Annexure -11 to the writ petition) by which the petitioner's services have been terminated.
(2.) THE petitioner came in service as constable in civil police in the year 1974 and but for the present charge, as has been levelled in the year 1998, the petitioner claims that there has been no adverse entry or any kind of misconduct of the petitioner. The petitioner was married with one Smt. Dujee Devi, an uneducated village woman in the year 1960. Out of the said wedlock, five children were bom. It has been pleaded that the petitioner's wife Smt. Dujee Devi was an uneducated village woman, sometimes used to become suspicious about the petitioner's Involvement somewhere. It appears that in the year 1998, a complaint was made by Smt. Dujee Devi to some senior officers about the petitioner's involvement with some unknown woman 'with the prayer for taking action against the petitioner. On the said complaint, enquiry was made, a show cause notice was served on the petitioner. The Supdt. of Police, in his order dated 7.8.1998 gave a finding that although it has not been proved that who is the lady who came to the house of the petitioner, but on the basis of evidence as has come, the petitioner's conduct was censured. Against the said order of the Supdt. of Police dated 7.8.1998, the petitioner did not prefer any appeal. Thereafter, the petitioner's wife and children, who were residing at village were persuaded to live with the petitioner. It appears that again a complaint was made by Smt. Dujee in respect to the habits of the petitioner of having connection with some lady upon which the Circle Officer, Handia, Allahabad was appointed as Enquiry Officer. During the course of enquiry, one Smt. Ramesh Kumari Singh claimed herself to be legally wedded wife of the petitioner lodging a complaint that by giving false information that the petitioner's wife has died, he performed the second marriage with her. In the light of the aforesaid complaint, enquiry proceeded. During the course of enquiry. Smt. Dujee Devi in her statement stated that she made complaint against the petitioner on persuasion of certain persons. Smt. Ramesh Kumari Singh was also examined, who in her cross -examination stated that she is the wife of Udai Pratap Singh, who is still alive. The enquiry officer after completion of the enquiry gave a finding that the petitioner being married, misguided Smt. Ramesh Kumari Singh and performed second marriage in a temple. The S.S.P., Allahabad in pursuance of the enquiry report/recommendation given by the enquiry officer issued a show cause notice to the petitioner and after receiving objection, on a consideration of the entire facts, came to the conclusion that placing the petitioner in lowest grade for one year will suffice. Against this order of the S.S.P. Allahabad, the petitioner preferred an appeal before the D.I.G., Allahabad range. The respondent No. 1 (D.I.G. Range, Allahabad) after getting the appeal having found the charge against the petitioner to be serious, issued a notice for enhancing the punishment, upon which the petitioner moved an application to the D.G. (P). for transferring the case to some other competent authority. The D.G. (P) appears to have issued an order asking the I.G. (P), Allahabad Zone to look into the matter. The petitioner claims that the D.I.G., range after corning to know about the aforesaid move of the petitioner, in a haste, passed the order terminating the petitioner's services by order dated 21.7.1999. Thus, the petitioner has come up before this Court against the order of the D.I.G., Allahabad Range dated 21.7.1999 and 21.3.1999 passed by the S.S.P., Allahabad. This Court on 23.8.1999, passed a detail order staying the operation of the termination order dated 21.7.1999.
(3.) LEARNED counsel for the petitioner submits that the finding as has been given by the enquiry officer that the petitioner being married with Smt. Dujee Devi has misguided Smt. Ramesh Kumari Singh and performed second marriage, is perverse and is against the weight of evidence on record. Various discrepancies in the statements and other materials have been tried to be demonstrated taking, this Court to the evidence to establish the incorrectness in the findings so recorded by the enquiry officer. According to learned counsel, charge against the petitioner was not proved and, therefore, the punishment so given by the S.S.P. Allahabad, cannot be maintained. In furtherance to the aforesaid submission against the punishment so awarded by the S.S.P., Allahabad, learned counsel submits that the exercise of the powers by the D.I.G. Allahabad Range in enhancing the punishment as was given to the petitioner, by substituting the punishment of placement of the petitioner in lowest grade for one year as punishment of termination of service, was not at all warranted in the facts of the case. It was also argued that the D.I.G. range has passed order in haste after coming to know about the move of the petitioner to the Director General ofPolice for transferring the appeal to be heard by some other competent authority in respect to which the D.G. (P), has already issued order to the Inspector General of Police to look into the matter. Learned counsel submits that in view of the incorrect findings recorded by the enquiry officer. Impugned orders passed by the S.S.P., Allahabad and D.I.G., Allahabad range are liable to be quashed.;