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1984 Supreme(SC) 324

D.P.MADAN, M.P.THAKKAR, R.S.PATHAK
Nepal Singh – Appellant
Versus
State Of U. P. – Respondent


Advocates:
M.Qamaruddin, Prithvi Raj, R.K.GARG, SHOBHA DIXIT

Judgment

PATHAK, J.:- This appeal by special leave is directed against the judgment and order of the Allahabad High Court dismissing the appellants writ petition against an order terminating his services.

2. The appellant, Nepal Singh, was employed in a temporary capacity as Sub-Inspector of Police. He was serving at Shahjahanpur in 1968 when the Superintendent of Police. Shahjahanpur initiated disciplinary proceedings under S. 7 of the Police Act against him on the charge that while posted at Pithoragarh he had. in November, 1964. contracted a second marriage while his first wife was alive, and as this was done without obtaining the prior permission of the Government the appellant had violated Rule 29 of the U. P. Government Servants Conduct Rules, 1956. The appellant filed a reply and denied the charge. The oral testimony of about twelve witnesses for the prosecution and an almost equal number for the defence was recorded. But in January. 1970 the Superintendent of Police, Shahjahanpur wrote to the Deputy Inspector General of Police, Bareilly Range that as the act alleged against the appellant related to the district of Pithoragarh the disciplinary proceedings taken by him would be
















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