S.U. Khan, J. - (1.) 1. Petitioner, who was a constable in U.P. Provincial Armed Constabulary (P.A.C.), has been dismissed from service on the ground of bigamy. Dismissal order was passed on 31.12.2004 by Commandant 15th Batalian, P.A.C., Agra. His appeal against the said order was also dismissed on 31.01.2005 by D.I.G. Police (P.A.C.), Agra. Review was also dismissed on 17.06.2005. All these orders have been challenged through this writ petition.
(2.) ADMITTEDLY Smt. Meena Kumari was wife of the petitioner. Petitioner filed divorce petition against her, which was allowed on 27.02.2004. However the allegation against the petitioner is that before passing of decree of divorce and during continuance of his marriage with Smt. Meena Kumari, he married with Smt. Saloni on 27.04.2001. Complaint before petitioner's appointing authority was filed by father of Smt. Meena Kumari. The allegation of the petitioner is that Smt. Saloni, the alleged second wife of the petitioner is in fact wife of Sriram and their marriage was solemnized under Special Marriage Act. Petitioner was suspended on 21.03.2002. Charge sheet was given to him. Enquiry was held and enquiry officer submitted the report on 28.02.2003, copy of which is Annexure-7 to the writ petition. The enquiry officer concluded that apart from Meena Kumari and her father, all other witnesses turned hostile and Smt. Meena Kumari and her father could not bring any evidence of second marriage. It was also concluded that on the basis of evidence gathered during preliminary enquiry, second marriage was proved during subsistence of first marriage, however no reliable evidence could be adduced in respect of second marriage in departmental/regular enquiry. It was also concluded that near relation of petitioner under the pressure of petitioner gave statements in his favour. The ultimate conclusion was that even though the petitioner was being acquitted (not found guilty), however, if considered necessary under any circumstances, preliminary enquiry and thereafter final enquiry might be held again.
(3.) AGAIN preliminary and final enquiries were held against the petitioner after serving fresh charge-sheet on 27.04.2004. This time, enquiry officer gave report against the petitioner on 15.11.2004, copy of which is Annexure-10 to the writ petition (typed copies of both the reports have also been supplied). Thereafter, show cause notice was given to the petitioner, who gave reply thereto and thereafter order of dismissal from service was passed. In the second enquiry, petitioner examined only one witness, i.e. Smt. Saloni. In the second report, it is mentioned that petitioner had admitted that he was having relationship with Smt. Saloni and a daughter by the name of Muskan was also born, however he had denied marriage with Smt. Saloni. Smt. Saloni in her statement before the second enquiry officer stated that she had been brought to give evidence by the petitioner; that she had married with Sriram, who was brother-in-law of the petitioner; that in her earlier statement she had wrongly stated that she was married to Ramlal, real brother of petitioner; that she was married on 14.12.2002 with Sriram and it was court marriage.;