Sudhir Agarwal, J. - (1.) The writ petition is directed against the order dated 11th June, 1997 (Annexure-12 to the writ petition) passed by the Senior Superintendent of Police, Agra, (hereinafter referred to as 'S.S.P., Agra') dismissing the petitioner from the post of Fireman and a mandamus has been sought directing the respondents not to interfere in working of the petitioner as Fireman and to pay his full salary for the period of suspension. The petitioner has also challenged the validity of Rule 29 of the U.P. Government Servants Conduct Rules, 1956, (hereinafter referred to as 'Conduct Rules, 1956') claiming it to be unconstitutional.
(2.) The brief factual matrix as disclosed in the writ petition is that the petitioner was appointed on the post of Fireman on 1.11.1989. The respondent No. 5, Smt. Munni Devi claiming herself to be the wife of the petitioner, made a complaint that the petitioner has married another wife namely, Anita and, therefore, is guilty of bigamy. Pursuant to the directions issued by the Chief Fire Officer, Agra on the aforesaid complaint, the petitioner submitted a detailed representation dated 2nd September 1994 explaining that the complainant, respondent No. 5 was married to the petitioner's maternal uncle, Ram Khilari, and after his death lived with the elder maternal uncle, Shri Sultan Singh, from whom she conceived a child also. She is also receiving the family pension being widow of late Ram Khilari. The petitioner had no relationship of husband and wife with the respondent No. 5 and on the other hand he married Km. Anita Yadav, d/o Shri Jaswant Singh Yadav on 18th December 1.994 in accordance with the Hindu Marriage Rituals in the presence of all relatives and friends. The petitioner submitted that respondent No. 5 has made complaint to extract illegally some monitory gains from the petitioner. The District Probation Officer, Etah, vide his letter No.225/G.Pro.Ka./V.Pe/Aa./95-96 dated 20.6.1995 informed the Chief Fire Officer, Agra that Smt. Munni Devi, widow of late Shri Ram Khilari, R/o Village Nagla Saman, Post Babsa, Tahsil and District Etah is receiving widow pension since April, 1989 @ Rs. 100/- Per Month. After receiving the aforesaid complaint, the petitioner was placed under suspension vide order dated 24th May 1995, which was subsequently revoked and the petitioner was reinstated vide order dated 15th July 1996.
(3.) It appears that the Chief Fire Officer, Agra was required to submit his report after conducting a fact finding inquiry and in his report dated 19th July 1995, he found that there was no evidence of marriage of Smt. Munni Devi @ Bimla Devi with the petitioner. However, it said that both were living together and their relationship has resulted in the birth of a child. It is also mentioned in the report that earlier Smt. Munni Devi @ Bimla Devi was Mami of the petitioner, but after the death of the maternal uncle of the petitioner, she lived as husband and wife with the petitioner although there is no evidence of solemnization of marriage between the two.;