By the Court.—Heard learned counsel for the appellant-petitioner, Sri S.P. Mishra and learned Standing Counsel Sri Pushkar Baghel, appearing for respondents.

2. This is an appeal under Chapter VIII Rule 5 of the High Court Rules, 1952 against the impugned order dated 31.7.2012 passed by Hon’ble Single Judge in Writ Petition No. 1343 (S/S) of 2004.

3. The appellant-petitioner, a police constable, has been punished pursuant to disciplinary proceedings, being remarried to another lady without seeking permission of the state Government in pursuance to U.P. Government Servants Conduct Rules, 1956 (in short ‘1956 Rules’). The factum of remarriage by the appellant-petitioner seems to be not disputed. The appellant-petitioner also does not dispute that he has remarried himself in spite of the fact that his first wife survives.

4. The appellant-petitioner was married to one Smt. Sunita, daughter of Shri Raghuwar Tiwari according to Hindu rites and rituals in the year 1991. Since wedlock of his first wife, he could not get child for almost 11 years, hence he again married to another lady. Feeling aggrieved, first wife submitted a complaint to D.I.G., Lucknow on 11.7.2001 with the all