Read Order: Gore Lal Verma v. State Of U P And 4 Others
Prayagraj, July 19, 2021: The Allahabad High Court has set aside a dismissal order passed against a man who was removed from service on the sole ground that despite being married, he was in a live-in relationship with another woman.
While setting aside the dismissal order, a Single Judge Bench of Justice Pankaj Bhatia held that the petitioner should be reinstated without back pay wages from the date of dismissal till date.
The petitioner Gore Lal was dismissed from service in January 2020, solely on the ground that he was maintaining an illegal live-in relationship with another woman, outside his marriage, and had three children from the said illicit relationship.
Such dismissal was based on the provisions of Uttar Pradesh Government Servant Conduct Rules, 1956 and the Hindu Marriage Act.
Referring to the case of Aneeta Yadav vs. State of Uttar Pradesh and others wherein the Allahabad HC had quashed the dismissal order from service based on account of having contracted a second marriage when the first wife was alive, the counsel for petitioner urged that the dismissal from service only on account of second marriage or a live-in relationship is not justified.
Since the challenge to such decision before the Supreme Court in 2016 bore no fruit and the Supreme Court refused to interfere with the same, the counsel argued that the benefit of the judgment in case of Aneeta Yadav should be extended to the petitioner.
Agreeing to the counsel’s submissions and relying on the decision of Allahabad HC in case of Aneeta Yadav, where the dismissal from service for having live-in relationship outside marriage as a basis was rejected, Justice Bhatia allowed extension of same benefit to the present petitioner as well.
Thus, stating that the punishment of dismissal from service was too harsh, the High Court gave liberty to the respondents to pass fresh orders for imposition of minor penalty against the petitioner.