ORDER

1. Leave granted.

2. This is an appeal by the State of West Bengal and its officers against the judgment and order dated November 18, 1992 passed by a Division Bench of the Calcutta High Court in FMAT No. 2977 of 1992 confirming the decision of the Single Judge passed in CR No. 7127(W) of 1984.

3. The respondent is a member of the Police Service of the State of West Bengal. He stood married to one Smt Bulu Dutta. While so, it is alleged, he married another woman by the name Tulu Dutta Paul during the subsistence of the first marriage. The departmental authorities of the Police Department taking aid of Rule 5(4) of the West Bengal Services (Duties, Rights and Obligations of the Government Employees) Rules, 1980, initiated a departmental enquiry against the respondent. That sub-rule says that no government employee who has a wife/husband Jiving shall contract another marriage without previously obtaining the dissolution of the first marriage in accordance with the law for the time being in force, notwithstanding such second marriage is permissible -in the personal law of the community to which he or she belongs. The matter was examined factually by an enquiry officer appointed for