- (1.) HEARD Sri PS. Adhikari, Sr. Advo cate assisted by Sri B. S. Adhikari, Advocate for the petitioner and Standing Counsel for respondents.
(2.) BY the present writ petition, the petitioner has prayed for a writ of certiorari quashing the order dated 11-4-2000, annexure 1 to the writ pe tition and further quashing the charge sheet dated 29-4-2000 annexure-2 to the writ petition. Briefly stated the petitioner at the relevant time was posted as Sub Inspector in Civil Police. He was mar ried with Mamta Jaiswal on 12-11-1987. After three years of marriage, when the wife of the petitioner was not able to conceive a child, he got her medically examined and it was found that there was some problem with fallopian tube of the lady and doctor advised operation. The wife of the petitioner was not ready for op eration and due to this reason rela tions between the parties had be come strained. The petitioner filed a suit under section 13 of the Hindu Marriage Act for divorce in the Court of Civil Judge, Haridwar, which was contested by his wife. In her counter claim his wife prayed for restitution of conjugal rights and for refund of Stridhan etc. She also alleged that the petitioner had illicit relations with S. I. Km. Kamlesh Sharma. The trial Court dismissed the suit of the petitioner vide judgment and decree dated 8-10-1998 against which the petitioner filed a Civil Ap peal No. 68 of 1998 before the Dis trict Judge, Haridwar which was also dismissed vide order dated 25-2-2000. The petitioner filed second ap peal before Allahabad High Court, according to the petitioner which is still pending.
(3.) THE wife of the petitioner made a complaint to the higher au thority of the petitioner alleging that the petitioner had illicit relation to one Km. Kamlesh Sharma who was also posted as Sub Inspector in Civil Police. THE Senior Superintendent of Police entrusted inquiry to the Addi tional Superintendent of Police, Dehradun under U. P. Police Officers of the Subordinate Ranks (Punish ment and Appeal) Rules 1991 and directed him to submit report within 45 days vide order dated 11-4-2000. THE Additional Superintendent of Po lice framed charge against the peti tioner on 29-9-2000. Feeling ag grieved the petitioner filed the present writ petition. The charge framed against the petitioner in the departmental en quiry was as under :;