JUDGMENT

Rajiv Sahai Endlaw, J. - The petition impugns the order dated 10th December, 2020 of the Central Administrative Tribunal (CAT), Principal Bench, New Delhi in OA No.213/2020 preferred by the respondent no.1.

2. The counsel for the respondent no.1, along with respondent no.1 in person, appears on advance notice and considering the nature of the challenge, we have, with consent, proceeded to hear the counsels finally at this stage itself.

3. The respondent no.1 is an Indian Police Service (IPS) Officer, of 2009 batch, of Rajasthan Cadre. Before being selected into IPS, he worked as an Auditor in the Ministry of Commerce. A memo dated 25 th April, 2016, under Rule 8 (Procedure for imposing major penalties) of the All India Services (Discipline and Appeal) Rules, 1969, was served on the respondent no.1, charging the respondent no.1 with, after his marriage on 4 th December, 2005 with one Ms. Sudha Gupta, having started living with another woman and also having a son with the said other woman.

4. The stand of the respondent no.1, in response to the aforesaid memo, was, that (i) though he was married to Ms. Sudha Gupta in 2005 but the said Ms. Sudha Gupta refused to live with the res