Mahesh Chandra Tripathi, J. - (1.) Aneeta Yadav is before this Court assailing the impugned dismissal order dated 20.6.2014; appellate order dated 8.9.2014 and revisional order dated 27.1.2015 passed by the respondent nos. 5, 4 and 3 respectively. She has further prayed for direction commanding the respondent authorities to reinstate her services treating continuous in service with all consequential benefits and to pay her regular salary month to month as and when it falls due.
(2.) Record in question reflects that the petitioner was appointed on 15.3.1994 on the post of Constable in U.P. Police Department and since then, she was continuously working on the post in question with full satisfaction of her superior officers. She has completed more than 20 years of her services and work and conduct of the petitioner was always appreciated by her superior authorities. An anonymous complaint was made that the petitioner had solemnized marriage to Shri Brijesh Kumar Yadav, who had already married with Smt. Kusma Devi and they have four children and on the said complaint, an enquiry was conducted by Shri Anil Kumar, Circle Officer, Derapur, Kanpur Dehat and the report was submitted before the Superintendent of Police, Kanpur Dehat on 24.11.2009. The copy of the complaint was not served upon the petitioner at any point of time. Thereafter punishment of adverse entry has been awarded to Shri Brijesh Kumar Yadav, husband of the petitioner by order dated 28.6.2011.
(3.) Thereafter another preliminary enquiry was conducted by Shri Rajesh Dwivedi, Circle Officer, Akbarpur, District Kanpur Dehat, and the report was submitted on 18.9.2012. A departmental enquiry was initiated against the petitioner under Rule 14 (1) of U.P. Police Officers of Subordinate Ranks (Punishment and Apepal) Rules, 1991 and a charge sheet was issued to her on 14.11.2013. The petitioner submitted her reply against the charge sheet, denying the allegations made against her. The enquiry officer submitted his report dated 5.3.2014 in which the petitioner was found guilty. The respondent no.5 issued a show cause notice to the petitioner on 12.3.2014 to which she submitted her reply on 28.5.2014. By the impugned order dated 20.6.2014 the petitioner was dismissed from service on the ground that she had solemnized marriage to Shri Brijesh Kumar Yadav, who had already married with Smt. Kusma Devi and has four children. Without seeking permission from the department, the petitioner solemnized the marriage to Shri Brijesh Kumar Yadav, who has already married and his wife is alive, and therefore, the act of the petitioner comes under purview of Section 29 (2) of U.P. Government Servant Conduct Rules, 1956 (in short, 1956 Rules). Against the dismissal order the petitioner filed an appeal on 11.7.2014 and supplementary appeal on 21.7.2014 and the said appeal was dismissed on 8.9.2014 by respondent no.4. Thereafter, the petitioner filed a revision on 27.7.2014 before the revisional authority and the said revision was dismissed on 27.1.2015.;