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IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
BATTU DEVANAND, A.HARI HARANADHA SARMA
Bonthu Narasimha Swamy, S/O. Veeraswamy – Appellant
Versus
A P Power Distribution Co Ltd, REP. By The Chairman & Managing Director, Aptransco Vidyut Soudha – Respondent
JUDGMENT :
A. Hari Haranadha Sarma, J.
1. This appeal is directed against the order dated 18.11.2013 passed by the learned Single Judge of this Court in W.P.No.3371 of 2008. Appellant No.1 is the unsuccessful writ petitioner. Upon his demise during the pendency of the writ appeal, appellant Nos.2 to 4 were brought on record as his legal representatives.
2. For the sake of convenience, parties will be hereinafter referred to as the writ petitioner and the respondents, with reference to their description in the writ petition.
3. The termination of the writ petitioner from the service under order dated 29.01.2008 passed by the 2nd respondent is questioned in the writ petition, as violative of Articles 14 and 21 of the Constitution of India.
4. The charge leading to dismissal of the petitioner from the service is that he has indulged in immoral conduct by marrying more number of times, while another wife is alive, and not taking care of his wife one Smt. Satyavathi.
5. The case against the petitioner is that one Smt.Satyavathi lodged a complaint against the writ petitioner alleging that the petitioner had earlier married one Smt.Ramalakshmi, who is her sister, and that they were residing at
Bigamous marriage is prohibited under Regulation 4(xxi) of the APSEB Regulations, and customary divorce claims must be proven to negate such allegations.
Disciplinary termination without jurisdiction violates natural justice; customary divorce acknowledged, rendering bigamy charges invalid under personal law.
Contracting a second marriage during the lifetime of the first wife by a government servant constitutes grave misconduct under the Tamil Nadu Civil Services (Discipline and Appeal) Rules.
Disciplinary action for bigamy must align with statutory provisions, ensuring that penalties are proportionate to the misconduct, with compulsory retirement deemed appropriate in this case.
The issue of constructive res judicata and the requirement of proving guilt in a disciplinary proceeding.
The main legal point established in the judgment is the need for proportionality in imposing disciplinary penalties, considering the changing ethical standards and societal behavior, and the impact o....
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