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Head Note

Constitution of India, 1950  - Article 226

U.P. Government Servant Conduct Rules, 1956 - Rule 29(1) - Misconduct - Second marriage during currency of the first marriage - Punishment - Removal from service - Quantum of punishment - Judicial review - Adequate material on record in support of the charge against the appellant - No intimation in any form on record that the appellant had divorced his first wife - In service record she continued to be mentioned as the wife of the appellant - She has given a statement in inquiry proceedings that she continued to be wife of the appellant - The appellant also admitted in inquiry conducted on directions of the Human Rights Commission that his first marriage had continued -Held that the finding of violation of Conduct Rules cannot be held to be perverse or unreasonable - High Court was justified in holding that the penalty of removal cannot be held to be shockingly disproportionate to the charge on established judicial parameters.

Constitution of India, 1950  - Article 25

U.P. Government Servant Conduct Rules, 1956 - Rule 29(1) - Misconduct - Second marriage during currency of the first marriage - Challenge to vires of Rule 29 of the Rules - Held that the impugned Conduct Rule cannot be said to be in any manner violates Article 25 of the Constitution.

Topic(s)-Second marriage during currency of the first marriage - Removal from service