IMPORTANT POINT
Contracting marriage second time during subsistence of first marriage is misconduct attracting removal from service.
Rule 29 of U.P. Government Servant Conduct Rules, 1956 is not ultra vires Article 25 of the Constitution.

JUDGMENT

ADARSH KUMAR GOEL, J.

1. Leave granted.

2. This appeal has been preferred against final judgment and order dated 1st March, 2011 of the High Court of Judicature at Allahabad in W.A. No.36738 of 2008.

3. The question raised for consideration relates to validity of order dated 17th June, 2008 removing the appellant from service for proved misconduct of contracting another marriage during existence of the first marriage without permission of the Government in violation of Rule 29(1) of the U.P. Government Servant Conduct Rules, 1956 (for short "the Conduct Rules") .

4. The appellant was employed as Irrigation Supervisor, Tubewell Division, Irrigation Department, Government of Uttar Pradesh and posted at IVth Sub Division, Hasanpur. He was served with a charge sheet alleging that during existence of first marriage with Sabina Begum, he married Anjum Begum and thereby violated Rule 29 of the Conduct Rules and further alleging that he had given misleading information to the authorities that he had given divorce to Sabina Begum. The appellant denied the charge by stating that the complaint made by Shagufta Parveen, sister of his first wife was due to her personal enmity. He had duly divorced his first wife, before performing the second marriage. However, he had made a statement to the contrary in enquiry proceedings initiated by the National Human Rights Commission due to fear of the police. It was only a mistake that he could not get the name of his first wife corrected in the service book. It is on record that before the charge sheet, on a complaint by the sister of the first wife of the appellant, the National Human Rights Commission had issued notice to the appellant dated 27th October, 2006 and conducted an inquiry through the Superintendent of Police, District Moradabad who submitted a report to the effect that the appellant had in fact performed a second marriage without the first marriage having been dissolved. The S.S.P., Moradabad also wrote to the department for taking action as per rules. It is on that basis that the department appears to have initiated action. In disciplinary proceedings, an inquiry officer was appointed who gave a report that the charge was fully proved. The appellant was furnished a copy of inquiry report and given an opportunity to respond to the same vide letter dated 21st January, 2008. His reply being not satisfactory, the disciplinary authority imposed the punishment of removal on 17th June, 2008.

5. Aggrieved by the order of removal from service, the appellant filed the W.A. No.36738 of 2008. He impleaded his first wife as respondent No.5 and her sister as respondent No.4 to the writ petition. He also filed an affidavit of his first wife that the divorce had in fact been taken place in the year 1999 before his second marriage in the year 2005. However, the first wife-respondent No.5 filed a counter affidavit denying that a divorce had taken place as claimed by the appellant. She relied upon the statement of the appellant on 3rd December, 2006 before the S.S.P., Moradabad in pursuance of order of the National Human Rights Commission to the effect that both the wives were living with him comfortably. She further stated that on legal advice, the appellant took her signatures on blank papers and manipulated the affidavit which was relied upon in support of the writ petition.

6. The High Court after considering the submissions, dismissed the writ petition. It was held :

"In view of above, this Court has no reason to believe the defence of petitioner which has already been disbelieved by the departmental authorities and they have found petitioner guilty. It is admitted that petitioner never informed the department about divorce of the first wife she was nominated and also did not inform anything about second marriage. The petitioner, in my view, has rightly been held guilty of charge leveled against him. Finding of bigamy recorded by authorities concerned are based on petitioner's own admission and ex