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2003 Supreme(MP) 1242

KUMAR RAJARATNAM, DIPAK MISRA
Gop Chand Rai – Appellant
Versus
State of M. P. – Respondent


Advocates Appeared:
R.K.GUPTA, SANJAY YADAV,

Judgment

( 1. ) THIS L. P. A. is taken up for final disposal with the consent of parties. ( 2. ) THE ticklish question before the Court is what can one do with a Constable in the Special Armed Force if he performs his second marriage which is in violation of Rule 22 of M. P. Civil Services (Conduct) Rules, 1965 with the consent of the first wife but without obtaining permission of the Government as required under the rules.

( 3. ) THE answer to this question has to be looked at both from our human angle and also in accordance with the law prevailing at the relevant time.

( 4. ) THE admitted facts leading to the termination of the Constable are as follows :-The appellant who was a Police Constable was married to one Reena Rai in the year 1986. After leading a happy married life, in 1994, disputes started cropping up between the husband and the wife. Ultimately, a Panchayat was held and at the end of Panchayat it was resolved that the marriage stood dissolved. An agreement by both the parties was signed and both the parties were declared free to marry again by the Panchayat.

( 5. ) PURSUANT to the Panchayat, the wife Reena Rai gave a declaration on Affidavit, dated 11-2-1994 before the O

































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