Dismissal Order Passed Solely On Ground Of Maintaining Live-In Relationship Outside Marriage- Allahabad HC Directs Reinstatement To Service

The Allahabad High Court has reinstated a man back into his service by setting aside a dismissal order passed against him solely on the ground that he was maintaining a live in relationship outside his marriage.

A single judge bench comprising of Justice Pankaj Bhatia passed the order while dealing with a petition challenging the order dated 31st January 2020 by way of which the petitioner was dismissed from service.

The petitioner had also challenged orders dismissing the appeal and revision thereof of the said dismissal order.

It was thus the case of the petitioner that the impugned dismissal order was passed against him solely on the ground that he was maintaining a relationship with a woman despite being in a valid marriage and that he was living with her as a husband.

It was therefore argued that the dismissal was unwarranted in terms of UP Government Servant Conduct Rules, 1956 and that the order deserved to be set aside as the punishment was too harsh.

Observing that the sole ground for dismissal from service of the petitioner was him having live-in relationship outside marriage, the Court set aside the orders under challenged and ordered thus:

"Petitioner is directed to be reinstated, however, the petitioner shall not be paid the back wages from the date of dismissal till today."

Furthermore, it said:

"It is open to the respondents to pass fresh orders for imposition of minor penalty in accordance with law, if so advised."

Title: Gore Lal Verma v. State of UP & Ors.

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