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HIGH COURT OF CHHATTISGARH AT BILASPUR
P.SAM KOSHY
Mehatru Baddhai @ Mehatru Ram Baddhai S/o Shri Dhan Singh Baddhai – Appellant
Versus
State Of Chhattisgarh, Through The Principle Secretary – Respondent
| Table of Content |
|---|
| 1. termination of service due to second marriage. (Para 1 , 2 , 3 , 4) |
| 2. petitioner's argument based on consent from first wife. (Para 6 , 7) |
| 3. rule 22 on bigamous marriages. (Para 8 , 9 , 10 , 11 , 12) |
| 4. supreme court precedents on termination. (Para 13 , 14 , 15 , 16 , 17) |
| 5. court's dismissal of the writ petition. (Para 18 , 19) |
Order on Board
Hon'ble Shri Justice P. Sam Koshy
1. The challenge in the present writ petition is to the three orders dated 13.02.2013 (Annexure P/4), 23.03.2013 (Annexure P/6) and 12.10.2013 (Annexure P/12).
2. Annexure P/4 dated 13.02.2013 is the order by which the services of the petitioner has been terminated on the misconduct committed by him under Rule 22 of the Conduct Rules for having married again during the lifetime of the first wife without obtaining the permission from the Government as is required under the Rules. Annexure P/6 dated 23.03.2013 is an order by which the first appeal preferred by the petitioner before the Departmental Appellate Authority stood rejected. Annexure P/12 dated 12.10.2013 is the order whereby the respondent No.2 again rejected the Mercy Appeal of the petitioner.
3. The facts of the case in nutshell is that
Government servants must adhere to conduct rules prohibiting bigamous marriages, requiring prior approval regardless of personal law or spousal consent.
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.
The court ruled that while misconduct was established, the punishment of compulsory retirement was excessive and disproportionate, warranting judicial intervention.
The main legal point established in the judgment is the need for proportionality in the punishment imposed for violations of service rules, considering the individual circumstances and the impact on ....
The judgment establishes that the penalty of removal from service for violating the Conduct Rules may be upheld if not shockingly disproportionate, and emphasizes the higher standard of conduct expec....
Violation of CCS Conduct Rules by marrying again during the subsistence of the first marriage, and the lack of evidence to support the petitioner's claim of entitlement to marry under special customs....
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