JUDGMENT :

1. By way of this petition, petitioner, an Armed Police Constable, who was at the relevant time serving under the Superintendent of Police, District: Navsari, challenges order of his removal from service vide an order dated 18.04.2001 passed by Superintendent of Police, Navsari, on the ground that, the petitioner having living spouse married with one Kanizaben without obtaining divorce from his first wife or obtaining permission from the State Government, which is in breach of Rule 26 of the Gujarat Civil Services (Conduct) Rules, 1971 (for short, ‘the Rules’). At the same time, the petitioner is found to have stated false facts before the Deputy Superintendent of Police, Navsari when his statement was recorded on 6.1.1998 claiming that, he has not contracted second marriage, which is found false and therefore, charge against him in a departmental inquiry found to be proved by the Inquiry Officer. Against the order passed by Superintendent of Police i.e. Disciplinary Authority, the petitioner preferred an appeal before the Inspector General of Police, Surat Range, Surat, which also came to be dismissed vide an order dated 2.8.2001. Against the order of dismissal of his ap