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High CourtsDivision Bench(2004) 02 AHC CK 0176

Ex-Constable Kishori Lal Sharma vs U.P. Public Service Tribunal and Others

Allahabad High Court · Decided on 27 February 2004 · Citation: (2004) 2 AWC 1434 : (2004) 2 UPLBEC 1201

HON’BLE JUDGES
Poonam Srivastava, J · M. Katju, J
RESULT
Dismissed
CASE NUMBER
C.M.W.P. No. 1782 of 1994

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Judgment

5 paragraphs · 231 words

M. Katju, J.—Since the order dated 27.1.2004 by which the petition was dismissed for default has been recalled, we are now proceeding to hear the case on merits.

2.

The petitioner has challenged the impugned order of the U. P. Public Service Tribunal dated 7.9.1993 by which the petitioner''s claim petition was dismissed.

3.

The facts of the case are that the petitioner was appointed as a constable in the year 1965. An inquiry was initiated against him alleging that while he was married to one Smt. Sunehara Devi he had kept another lady Smt. Pushpa Devi wife of one Mahesh Chandra with him. After an inquiry in which he was given opportunity of hearing, he was dismissed from service.

4.

The petitioner filed a claim petition before the U. P. Public Service Tribunal which has been rejected, and hence this petition.

5.

The Tribunal has found that Smt. Pushpa Devi is the wife of one Mahesh Chandra and she has deserted him and is living with the petitioner. It can be reasonably inferred that since Pushpa Devi is living with the petitioner she is having sex with him also. Having sex with the another man''s wife is adultery as defined in Section 497 of I.P.C. Hence the petitioner has committed in criminal offence and was rightly dismissed. There is no infirmity in the order of the Tribunal. Petition is dismissed.