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2025 Supreme(SC) 2095

SUPREME COURT OF INDIA
SANJAY KAROL, VIPUL M. PANCHOLI, JJ.
Union Of India & Ors. - Appellants
Versus
Pranab Kumar Nath - Respondent
Civil Appeal No. 15068 of 2025 (@Special Leave Petition (Civil) No.18702 of 2023)
Decided On : 19-12-2025

Advocates appeared:
For the Petitioner(s): Mr. Vikramjit Banerjee, A.S.G. Mr. Alabhya Dhamija, Adv. Mr. V V V Pattabhi Ram, Adv. Ms. Merusagar Samantaray, Adv. Mr. Arvind Kumar Sharma, AOR Ms. Pooja Kumari, Adv.
For the Respondent(s): Mr. Salvador Santosh Rebello, AOR Mr. Anubahb Atreya, Adv. Mr. Raghav Sharma, Adv. Mr. Jaskirat Pal Singh, Adv. Ms. Moulishree Pathak, Adv. Mr. Ujjawal Agrawal, Adv. Mr. Utsav Tarsolia, Adv.

Dismissal of an employee for a second marriage while having a first spouse is extreme punishment; lesser penalties should consider personal circumstances and proportionality.

Headnote:(A) CISF Rules, 2001 - Rule 18(b), CISF Act, 1968 - Dismissal from service due to second marriage while having a spouse living - Dismissal deemed too harsh and remanded for lesser penalty - Court finds that dismissal is extreme punishment for indiscipline, with consideration for family impact. (Paras 2-5, 9)

(B) Disciplinary proceedings - Court's review limited to procedural adherence and jurisdiction - Judicial review not an appeal, focused on compliance with natural justice and legality of findings. (Paras 8-9)

Facts of the case:
The respondent, an employee of the Central Industrial Security Force, was dismissed for entering into a second marriage while still married to his first spouse. Disciplinary proceedings led to confirmation of dismissal by various authorities. (Paras 2-3)

Findings of Court:
The Dismissal was extreme; lesser penalty should have been imposed to account for family hardships. The court restored disciplinary authority's findings and imposed the original penalty. (Para 10)

Issues: Whether dismissal was justified and proportional to the misconduct of entering into a second marriage while the first marriage was subsisting.

Ratio Decidendi: The severity of dismissal from service as a punishment for personal conduct was deemed disproportionate to the alleged indiscipline. Clear procedural compliance in disciplinary processes is essential for review. (Paras 9-10)

Result: Appeal allowed; dismissal restored.

Judgement Key Points

Certainly. Here are the key legal points from the provided document:

  1. The dismissal of an employee for entering into a second marriage while the first spouse is still alive is considered an extreme penalty. Lesser penalties should be considered, especially when personal circumstances and proportionality are taken into account (!) (!) .

  2. Disciplinary proceedings in government employment are primarily subject to procedural adherence and jurisdictional limits. Judicial review is confined to ensuring compliance with natural justice and legality, rather than reappraising evidence or substituting findings (!) (!) .

  3. The relevant rules under the CISF Rules, 2001, specifically Rule 18(b), prohibit marriage with a person having a spouse living. These rules are service conditions aimed at maintaining discipline and integrity, and are not moral censure. They are enforceable unless they are arbitrary, disproportionate, or violate constitutional protections (!) (!) .

  4. The courts emphasize that under Article 226 jurisdiction, their role is to review procedural fairness and legality of disciplinary actions, not to act as appellate courts re-evaluating evidence or substituting their own judgment on factual findings (!) (!) .

  5. The punishment imposed must be proportionate to the misconduct. Disproportionate punishment, especially one that shocks the conscience or causes undue hardship, can be subject to judicial review. However, unless the punishment is shockingly disproportionate, courts are generally reluctant to interfere (!) (!) .

  6. The scope of judicial review is limited to checking for procedural irregularities, violations of natural justice, or arbitrariness. Courts do not reappreciate evidence or re-examine factual conclusions unless they are perverse or unsupported by evidence (!) (!) .

  7. The disciplinary authority is the sole judge of facts, and courts should not interfere unless there is a clear violation of principles of natural justice or statutory procedures. Proper conduct of inquiry and adherence to rules are essential prerequisites for upholding disciplinary decisions (!) (!) .

  8. In cases involving penal provisions or rules with penal consequences, strict interpretation is required. Ambiguities should be resolved in favor of the person subject to discipline, and the rules should be applied strictly and in accordance with their clear language (!) .

  9. The courts have reiterated that they should not interfere with disciplinary decisions unless there is a procedural violation, arbitrariness, or the punishment is manifestly disproportionate. The decision should be based on evidence and proper procedure, and courts should respect the disciplinary authority’s findings unless these principles are violated (!) (!) .

  10. Overall, the courts uphold the principle that disciplinary actions must be proportionate, based on proper procedures, and free from arbitrariness. Judicial review is confined to ensuring fairness and legality, not re-evaluation of factual findings or evidence (!) (!) .

Please let me know if you need further analysis or assistance with this case.


Legal Category Hierarchy

  • administrative law
    • service law
      • disciplinary proceedings
        • judicial review (Para 8, 9)
        • punishment proportionality (Para 5, 8)
      • service conditions (Para 7)
  • constitutional law
    • writ jurisdiction
      • article 226 (Para 8)

Table of Contents

1. CISF member dismissed for contracting a second marriage while the first spouse was living, violating Rule 18(b) of CISF Rules, 2001. (Para 2 , 3 , 4 )

2. Whether dismissal from service for contracting a second marriage is disproportionately harsh and warrants a lesser penalty. (Para 2 , 5 )

3. High Court cannot act as an appellate authority to reappreciate evidence or interfere with punishment proportionality unless it shocks the conscience. (Para 8 , 9 )

4. Clear statutory rules prescribing penal consequences must be strictly construed; judicial review under Article 226 is limited to the decision-making process. (Para 8 , 9 )

5. Appeal allowed; High Court judgment set aside and the dismissal from service restored. (Para 9 , 10 )

6. What is the scope of the High Court's power of judicial review under Article 226 in disciplinary proceedings?

The High Court is not an appellate court and cannot reappreciate evidence. Its review is limited to ensuring fair treatment, compliance with natural justice, and checking if the conclusion is based on some evidence or is wholly arbitrary. (Para 8 )

7. Under what circumstances can a court interfere with the proportionality of punishment in service matters?

Interference is permitted only if the punishment is shockingly disproportionate or shocks the conscience of the court. Otherwise, the disciplinary authority is the sole judge of facts and the adequacy of the penalty. (Para 8 )

8. How are clear statutory rules prescribing penal consequences interpreted?

Such rules are strictly construed. If the language is clear and unambiguous, the law must be applied as written, following the maxim dura lex sed lex, regardless of the unpleasantness of the consequences. (Para 9 )

ORDER :

Leave Granted.

2. The Respondent-Pranab Kumar Nath was employed with the Central Industrial Security Force1[Hereinafter, referred to as ‘CISF’] and had been dismissed from service in terms of order dated 1st July 2017 passed by the Senior Commandant, CISF2[Hereinafter, referred to as ‘Disciplinary Authority’] consequent to disciplinary proceedings drawn against him, for marrying once more in the subsistence of his first marriage. Such dismissal was confirmed by the Appellate3[Deputy Inspector General, CISF vide Order dated 20th September 2017] and Revisional4[Inspector General, CISF vide Order dated 26th July 2018] Authorities. The Learned Single Judge5[WP No. 8078 of 2019 vide Order dated 21st July 2022] and the Division Bench6[Impugned judgment in WA No. 357 of 2022 by judgment dated 18th January 2023] were of the view that dismissal from service is much too harsh a penalty, and as such, for their own reasons, each directed the Disciplinary Authority to pass orders imposing a lesser penalty on him. The Appellant- the Union of India, is aggrieved thereby.

3. The facts, as laid out by the Courts/Authorities below are that the Respondent began serving as a member of the CISF as a Constable on 22nd July 2006. Mrs. Chandana Nath- the wife of the Respondent, by way of a written complaint, and subsequently, upon examination, informed the authorities that he had, while on posting to the 3rd NDRF Battalion, Mundali Odisha, married for a second time to one Parthana Das on 14th March 2016. Consequently, a Charge Memorandum was framed against the Respondent on 7th July 2016. The relevant extract thereof is as below:-

“STATEMENT OF ARTICLES OF CHARGE FRAMED AGAINST NO.Q6216(I(M5 CONSTABLE/GD PRANAB KUMAR .NATH OF 'HQRS.' COY, CISF UNIT ISP BURNPUR (W.B.)

Article of Charge

‘ “An act prejudicial to good order and discipline of the Force in that CISF No.062f60045Constable/GD Pranab Kumar Nath of 'FT Coy, CISF Unit ISP Bumpur, who, having a spouse living has entered into a marriage with another womah Mrs. Parthana Das daughter of Shri Debasaran Das, village Barhanti Maniari, P.S. Palasbari, District- Kamrurn (Assam) on 14.03.2016, while he was serving at 3rJNDRF Battalion, Mundali (Odisha) and Ums, violated the provisions of Rule- 18(b) of CISF Rules-2001. The above act on the part of No.062160045 Constable/GD Pranab Kumar Nath tantamount to grave misconduct and highly unbecoming a good member of a disciplined CAPF i.e. CISF". Hence, the charge.

Article of Charge-II

“An act prejudicial to good order and discipline of the Force in that CISF No.062160045 Constable/GD Pranab Kumar Nath of 'D' Coy, CISF Unit ISP Bumpur is neglecting his wife (Smt. Chandna Nath) and minor daughter though being a member of a disciplined CAPF i.e. CISF, be is expected to maintain a responsible and decent standard of conduct in his private life and not bring discredit to his service by his misdemeanors. 'The above act on the part of No. 062160045 Constable/GD Pranab Kumar Nath tantamount to grave misconduct serious indiscipline and highly unbecoming of a good member of a disciplined CAPF i.e. CISF.". Hence, the charge.

Sd/-

COMMANDANT

CISF UNIT ISP BURNPUR

ANNEXURE-II

STATEMENT OF IMPUTATION OF MISCONDUCT IN SUPPORT OF THE ARTICLES OF CHARGE FRAMED ACAINST NO. 06216tuJ45 CONSTABLE/CD PRANAB KUMAR NATH OF 'HQRS.' COY, CISF UNIT ISP BURNPUR.

Article of Charge-I

A written complaint dated 18.03.2016 was received from Smt. Chandana Nath wife of No.062160045 Const/GD Pranab Kumar Nath while he was serving at 3rd NDRF Battalion, Mundali (Odisha), wherein she complained against her husband and informed about his re-marriage. As per details of family given by Const/GD Pranab Kumar Nath in his service records, the name of his wife is Smt. Chandana Nath, 'The complai

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