Anil Kumar, J.

1. The petitioner has sought the quashing of the dismissal order dated 1st December, 2002 from the service of the Assam Rifles by Commandant No.15 on account of committing the violation of Section 21(i) of the Central Civil Services (Conduct) Rules, 1965 (Restriction regarding marriages) and for quashing the order dated 3rd November, 2008 dismissing the appeal filed by the petitioner against his order of dismissal dated 1st November, 2002. The petitioner has also sought the quashing of order dated 1st March, 2011 dismissing the revision petition of the petitioner.

2. Brief facts to comprehend the controversies are that the petitioner joined the Assam Rifles on 29th May, 1994 as a Rifleman General Duty. He contended that while being posted to the field area away from his family, certain temperamental and other differences arose between him and his wife. His wife, namely, Smt. Asha Devi had filed a case under Sections 498A, 494 & 109 of the Indian Penal Code. The wife of the petitioner had also filed an application seeking maintenance under Section 125 of the Code of Criminal Procedure which was decided by Sh.R.K.Sharma, Additional Chief Judicial Magistrate, Nurtu, District Kangra, Himachal Pradesh by his order dated 3rd October, 2000 awarding the maintenance of Rs. 500/- per month to the wife of the petitioner. The wife of the petitioner, Smt. Asha Devi filed a complaint against the petitioner contending that the petitioner has also married Ms. Anju Devi, resident of Village- Gangat, Tehsil-Nurpur, District Kangra on 28th February, 1998 though Smt. Asha Devi was the legally wedded wife of the petitioner. Pursuant to the complaint filed by the wife of the petitioner Smt. Asha Devi an inquiry was proposed against the petitioner by order 31st December, 2001 under Rule 14 of the Central Civil Services (Classification, Control & Appeals) Rules, 1965. The articles of charge were given to the petitioner and he was asked to file a reply/representation against the same.

3. In reply to the articles of charges, the petitioner sent a reply dated 7th January, 2002 contending that he was married to Ms. Asha Devi, however, she never wanted to stay with him and that she used to go to her parents' house time and again and also expected the petitioner to stay with her, by leaving his old parents. The petitioner in the said reply admitted that he had married to Smt. Anju Devi in June, 1999 without taking a legal divorce from Smt. Asha Devi as he was ignorant of this legal aspect. He also stated that he has two children, one son and a daughter from Smt. Anju Devi and that he cannot leave her and his children with her as well. He also admitted that he had married a second time without permission from the Govt. due to the ignorance of rules. The reply dated 7th January, 2002 filed by the petitioner to the articles of charge made against him is as under:

"REPLY TO MEMORANDUM

Sir,

1. It is in response to memorandum No.A/153996/MS/2001 dated

2. I have the honour to submit that I was married to Smt. Asha Devi, daughter of Shri Mallu Ram of village Gangat, Tehsil Nurpur, District Kangra on 08th November, 1993. I have three children, two daughters and a son from her.

3. Smt. Asha Devi never wanted to stay with me. Time and again she would to her parents' house and expected me also to stay there with her leaving my old parents. Whenever I went to my home during my leave, I found that she was staying with her parents. I tried to explain but she did not understand. She was not willing to stay with me.

4. I married Smt. Anju Devi in June, 1999 without taking legal divorce from Smt. Asha Devi as I was ignorant of this legal aspect. I have two children, one son and a daughter from Smt. Anju Devi. I cannot leave her also as I have children from her too.

5. I married for the second time without obtaining a legal divorce from a court of law/prior permission from the Government due to ignorance of rules for which I unequivocally plead