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2021 Supreme(Chh) 296

SANJAY K.AGRAWAL
HC/RO Md Hussain – Appellant
Versus
Director General of Police, Central Reserve Police Force – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Mr. K.A. Ansari, Senior Advocate with Mrs. Meera Ansari, Advocate
For the Respondents:Mr. Rajkumar Gupta, Advocate

ORDER :

1. The petitioner at the relevant point of time was working as Constable in the Central Reserve Police Force (CRPF). Departmental enquiry was instituted against him under Rule 27 of the Central Reserve Police Force Rules, 1955 (for short, ‘the CRPF Rules’) in which he was charge-sheeted alleging firstly, that during the subsistence of first marriage, he has entered into second married without prior permission of the Department and secondly, that he remained absent without leave from 1-12-2006 to 8-12-2006, and thirdly, that at the instance of second wife, charge for offence under Section 498A of the IPC was levelled against him which is an act of misconduct. The disciplinary authority after full-fledged enquiry, by order dated 2-8-2007, dismissed the petitioner from service against which he preferred appeal and the appellate authority by its order dated 30-10-2007, partly allowed the appeal and held that charge No.1 with regard to entering into second marriage during the subsistence of first marriage has not been proved and further held in respect to 3rd charge that since the petitioner has already been acquitted of the charge under Section 498A of the IPC, therefore, this c

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