A charge of bigamy in service law requires proof of essential marriage ceremonies, as mere cohabitation or hearsay does not establish a valid marriage. Further, any subsequent disciplinary action for an act already adjudicated and punished clearly violates the prohibition against double jeopardy.

Judgment :

Ajay Kumar Gupta, J.

1. The present writ petitioner challenges the order of removal from service by the disciplinary authority of the Central Reserve Police Force (CRPF). Subsequently, it was confirmed by the first appellate authority, in revision and the second appellate authority.

FACTS OF THE CASE:-

2. The brief facts, leading to the filing of this writ petition, are embolden herein below: -

a. The petitioner was appointed as a Constable (GD) in the Central Reserve Police Force and served the organisation for approximately 24 years without any blame. He had a clear service record. While he was posted with the 165 Battalion, CRPF Tangasole, West Midnapore, West Bengal, a memorandum of charge dated 5th October, 2019 was issued by the Commandant, 165 Battalion, CRPF Tangasole, West Bengal against him with the allegations as under: -

“No. 941381809 CT/GD Bheemappa L.K. of D/165 Bn., CRPF while functioning as Constable (GD) in B/51 Bn. During 04/2000 to 07/2004 contracted second marriage with Laxmi Bindha Debbarma during 2001 when he has a first wife living namely Smt. Laxmi B. Koraw and thus violated the provisions of Rule 15 of CRPF Rules 1955 and Rule 21 CCS (Conduct) Rules, 1964 and thereby committed an act of misconduct in his capacity as a member of the Force, punishable U/S 11(1) of CRPF Act, 1949 read with Rule – 27 of CRPF Rules, 1955 which is pre-judicial to good order and discipline of the Force.”

b. The allegation was based on a suspicious report of the Superintendent of Police, Sepahijala, District - Bishramganj, Tripura communicated to the Commandant on 30.10.2018 vide letter No. 13590.4(109)/SP (DIB)/ SPJ/BRG/2018, alleging that the petitioner had eloped with and married one Bindha Debbarma. The petitioner denied the allegation and asserted that he had only one lawful marriage, with Laxmi, solemnised in 1997, and that the allegation arose due to mistaken identity and incorrect entries in certain records.

c. Thereafter, a departmental enquiry was conducted under Rule 27 of the CRPF Rules, 1955. The Enquiry Officer held the charge of plural marriage to be proved. On the basis of the enquiry report, the disciplinary authority passed an order dated 11th June, 2020, removing the petitioner from service.

d. Against the order dated 11th June, 2020, the petitioner preferred a statutory appeal before the Deputy Inspector General of Police, CRPF, Range Yalahanka, Bangalore – 560 064, which was rejected by an order dated 29th September, 2020.

e. Against the order dated 29th September, 2020, the petitioner filed a revisional application before the Inspector General of Police, CRPF, Karnataka and Kerala Sector (South Zone), Yalahanka Group Centre, CRPF Campus, Bangalore, Karnataka – 560 064. However, the application was dismissed by an order dated 5th March, 2021.

f. The petitioner, feeling aggrieved with the aforesaid order, filed a Second Appeal before the Special DG, South Zone, CRPF Hyderabad, (Telangana), which was also rejected by an order dated 6th October, 2021.

g. Being aggrieved by and dissatisfied with the above impugned orders, the petitioner has filed the instant writ petition seeking to set aside the impugned orders.

SUBMISSIONS ON BEHALF OF THE PETITIONER:-

3. Learned counse