Ashwani Kumar Mishra, J. –

Petitioner, who was a Constable in 38th Division of Provincial Arm Constabulary (hereinafter referred to as 'PAC') has invoked jurisdiction of this Court, under Article 226 of the Constitution of India, challenging an order dismissing him from service, dated 28th February, 1998, as affirmed in appeal vide order dated 31st July, 1998, and in revision vide order dated 21st December, 1998. The orders have been challenged essentially on the ground that petitioner has been denied opportunity to defend himself in terms of the applicable statutory rules.

2. While serving in 38th Battalion PAC at Aligarh, disciplinary proceedings were initiated against the petitioner on the grounds that while his first wife Smt. Anno Begum was alive, the petitioner, without having obtained divorce from her lawfully wedded wife and without obtaining prior permission from the Government, has solemnized a second marriage on 10.11.1996, and has thereby violated Rule 29 of the Uttar Pradesh Government Servants Conduct Rules, 1956. Petitioner was served with a charge sheet, on 26.1.1997, and was also accused of unauthorized absence from duty w.e.f. 2.11.1996 to 6.11.1996, in con