Prayagraj: The Allahabad High Court quashed the dismissal order of a Government servant, who was dismissed from service on the ground that he was in a live-in relationship With another woman despite the fact that he is married and his wife is alive.
Justice Pankaj Bhatia, passing the order on July 14, clarified to the state authorities to pass a fresh order imposing a nominal fine.
The order of dismissal against the petitioner Gore Lal Verma was passed only on the ground that despite being married to a Lakshmi Devi, the petitioner maintained an extramarital affair with another woman named Hemlata Verma and both are living with husband and as wife. He also has three children from the said live-in relationship.
While passing the impugned order of dismissal, the officials had recorded that the said conduct was against the provisions of the UP Government Employees Conduct Rules, 1956 and against its provisions. Hindu Marriage Act. Accordingly, an order for his dismissal from service was passed.
It was argued on behalf of the petitioner that in a similar case in the case of one Anita Yadav, this Court, after considering it, quashed the dismissal order. However, the respondents were given the opportunity to pay any minor penalty if they so desired.
It was further contended that the said decision was challenged in the special leave for appeal and Supreme court refused to intervene. Consequently, the said special leave to appeal was dismissed.
After hearing the counsel, the court quashed its order of dismissal holding that in view of the fact as well as the decision of this court in the case of Anita Yadav, the petitioner is also entitled to the same benefit.
Consequently, the writ petition was allowed and the respondent authority was directed to reinstate the petitioner. However, wages will not be paid to the petitioner from the date of dismissal till date, the court directed.
“If advised to do so, it is open to the defendants to pass fresh orders for imposing a nominal fine in accordance with law,” the court said.
Justice Pankaj Bhatia, passing the order on July 14, clarified to the state authorities to pass a fresh order imposing a nominal fine.
The order of dismissal against the petitioner Gore Lal Verma was passed only on the ground that despite being married to a Lakshmi Devi, the petitioner maintained an extramarital affair with another woman named Hemlata Verma and both are living with husband and as wife. He also has three children from the said live-in relationship.
While passing the impugned order of dismissal, the officials had recorded that the said conduct was against the provisions of the UP Government Employees Conduct Rules, 1956 and against its provisions. Hindu Marriage Act. Accordingly, an order for his dismissal from service was passed.
It was argued on behalf of the petitioner that in a similar case in the case of one Anita Yadav, this Court, after considering it, quashed the dismissal order. However, the respondents were given the opportunity to pay any minor penalty if they so desired.
It was further contended that the said decision was challenged in the special leave for appeal and Supreme court refused to intervene. Consequently, the said special leave to appeal was dismissed.
After hearing the counsel, the court quashed its order of dismissal holding that in view of the fact as well as the decision of this court in the case of Anita Yadav, the petitioner is also entitled to the same benefit.
Consequently, the writ petition was allowed and the respondent authority was directed to reinstate the petitioner. However, wages will not be paid to the petitioner from the date of dismissal till date, the court directed.
“If advised to do so, it is open to the defendants to pass fresh orders for imposing a nominal fine in accordance with law,” the court said.
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