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2010 Supreme(All) 2062

SHISHIR KUMAR
SHRAVAN KUMAR PANDEY – Appellant
Versus
STATE OF U. P. – Respondent


Advocates:
Counsel :
Vijay Gautam for the Petitioner; Jagriti Singh, S.C. for the Respondents.

JUDGMENT

Hon’ble Shishir Kumar, J.—Heard Sri Vijay Gautam, learned counsel for the petitioner and Sri Jagriti Singh and the learned Standing Counsel for the respondents.

2. The present writ petition has been filed for quashing the order impugned dated 30.11.2009 passed by respondent No. 4, Annexure-1 to the writ petition. Further prayer is to issue a writ in the nature of mandamus commanding the respondents to reinstate the petitioner in service on the post of Sub-Inspector treating him continuous in service with all the consequential benefits.

3. The challenge in the present writ petition is that according to the respondents if it is proved regarding the plural marriage at the time of existence of first wife, the punishment awarded to the petitioner cannot be granted in view of Rule 29 of U.P. Government Servant Conduct Rules 1956. According to the petitioner, some minor punishment in case it is proved that the petitioner has done the plural marriage, can be awarded after initiating any proceeding under the U.P. Police Officers of Subordinate Ranks (Punishment and Appeal) Rules 1921.

4. It appears that on the basis of the complaint made by the alleged first wife, the respondents ma














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