HANUMAN SINGH Vs. STATE OF U P THRU PRIN SECY DEPTT OF HOME GOVT OF UP & ORS
LAWS(ALL)-2018-9-38
HIGH COURT OF ALLAHABAD
Decided on September 13,2018

HANUMAN SINGH Appellant
VERSUS
State Of U P Thru Prin Secy Deptt Of Home Govt Of Up And Ors Respondents

JUDGEMENT

Abdul Moin, J. - (1.) By means of the present writ petition, the petitioner has prayed for the following reliefs:- "(i) To issue a writ, order or direction in the nature of certiorari quashing the impugned order of dismissal dated 09.06.2016 passed by Opposite Party no.3 as contained in Annexure No.1 to this writ petition and appellate order dated 02.08.2016 passed by the Opposite Party No.2 as contained in Annexure No.2 to this writ petition. (ii) To issue a writ, order or direction in the nature of mandamus commanding the opposite parties to reinstate the petitioner in service with all consequential service benefits including arrears of pay and allowance, for which he would have been entitled in absence of the impugned order along with interest accrued thereon @ 12% per annum from the date they fell due to the actual date of payment. (iii) To issue such other writ, order or direction as this Hon'ble Court deems fit and proper in the circumstances of the case. (iv) To allow the writ petition with costs in favour of the petitioner."
(2.) The case set forth by the petitioner is that he was initially appointed on the post of Constable in the Police Department and joined on 07.10.1977 as a Constable. Even prior to entering into service, the petitioner had married Ms. Kamla Singh in the year 1976. During the existence of the first marriage itself, the petitioner got married with one Ms. Guddi in the year 1994. On 15.06.2015, the first wife of the petitioner namely Smt. Kamla Singh preferred a compliant before the Superintendent of Police, Sitapur, a copy of which is Annexure RA-2 to the rejoinder affidavit, in which she complained that she had got married with the petitioner and has two children of whom both are married. The petitioner has got married about 7 years' back with one Ms. Guddi. When Smt. Kamla Singh came to know about it, she complained to the petitioner but the petitioner threatened her and is also not supporting her. Consequently, she prayed for being given half of the salary of the petitioner and to ensure that the petitioner supports her.
(3.) On the basis of the said complaint, a charge sheet was issued to the petitioner on 06.02.2016, a copy of which is Annexure-6 to the writ petition, in which the petitioner was charged of having threatened his wife Smt. Kamla Singh, having got married with Ms. Guddi Singh and for not supporting Smt. Kamla Singh etc.;


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