CISF Rule 18 Disqualification For Second Marriage Applies Post-Appointment Too; Unilateral Divorce Deed Invalid: Delhi High Court

Second Marriage After Joining Service Grounds for Dismissal, Informal Divorce Deed Invalid: Delhi High Court Upholds CISF Constable's Removal

New Delhi: The Delhi High Court has upheld the dismissal of a Central Industrial Security Force (CISF) constable who contracted a second marriage while his first was still legally subsisting. A division bench of Justice C. Hari Shankar and Justice Om Prakash Shukla ruled that the disqualification for bigamy under Rule 18 of the CISF Rules, 2001, applies not only at the time of appointment but also to employees who enter a second marriage after joining the force.

Case Background

The petitioner, Ashwani Kumar, a Constable with the CISF, was dismissed from service following a disciplinary inquiry. The charge against him was that he had entered into a second marriage while his first wife was still living, a violation of service conduct rules.

Kumar did not dispute the fact of his second marriage. His primary defense was that his first marriage had been dissolved through a "marriage dissolution deed" dated 15 October 2017, signed before "social people and witnesses" in his village. He challenged the dismissal order through a writ petition, arguing that the disciplinary action was unjust.

Arguments and Court's Analysis

The core legal question before the court was twofold: 1. Whether a Hindu marriage can be dissolved through an informal, non-judicial deed. 2. Whether Rule 18 of the CISF Rules, which pertains to disqualification at the appointment stage, extends to incumbent employees.

On the Validity of the Divorce Deed: The court unequivocally rejected the petitioner's claim of a valid divorce. The bench observed, "We are unaware of any law or principle by which a duly solemnized Hindu marriage can be dissolved by signing a marriage dissolution deed in front of village persons." The judgment emphasized that a legally solemnized marriage can only be dissolved through a decree from a competent court, not by a mutual agreement signed before villagers.

On the Interpretation of CISF Rule 18: The petitioner's counsel argued that Rule 18 of the CISF Rules—which states that a person with a living spouse is not "eligible for appointment"—applies only at the recruitment stage and not to serving personnel.

However, the High Court relied on a binding precedent set by a coordinate bench in Ex. Head Constable Bazir Singh v. UOI . In that case, which dealt with a similar rule under the Border Security Force Rules, the court had held:

"It would be totally absurd to say that he would be entitled to perform 2nd marriage after he entered the service. The aforesaid role has to be given pragmatic and constructive interpretation in order to advance and subserve the objective with which the said rule is inserted... When an employee so, he would be rendered ineligible to continue in the employment, as that is the basic eligibility condition for the appointment itself.”

The bench noted that this pragmatic interpretation prevents a situation where conduct that disqualifies a candidate from even entering the service is permissible after they are appointed. The court also pointed out that the Supreme Court had dismissed a Special Leave Petition filed against the Bazir Singh judgment, lending it further weight.

Final Verdict and Implications

Finding no merit in the petitioner's defense, the court concluded that the case was squarely covered by the Bazir Singh precedent.

While noting that the punishment in Bazir Singh was compulsory retirement, the bench expressed its inability to grant similar relief to Ashwani Kumar. It observed, "Unfortunately, we cannot even reduce the punishment awarded on the petitioner as he has not rendered the qualifying service for compulsory retirement."

Consequently, finding no grounds to interfere with the disciplinary authority's decision, the High Court dismissed the writ petition. The judgment reaffirms that rules barring bigamy for appointment into disciplined forces like the CISF are a continuing condition of service, and a violation can lead to the stringent penalty of dismissal.