Ujjal Bhuyan, J.

1. These two writ appeals arising out of the same judgment and order dated 05.01.2010 passed by a learned Single Judge of this Court in W.P. (C) No. 2554 of 2003 have been heard together and are disposed of by this common judgment and order. The writ petition was filed by one Shri Rama Shankar Gupta challenging his dismissal from the service of Assam Rifles on the charge of bigamy. The writ petition was partly allowed by setting aside the order of dismissal from service and remanding the matter back to the disciplinary authority for imposing any penalty other than major penalty.

2. W. A. No. 320 of 2010 has been filed by the Union of India and the Assam Rifles assailing the legality and validity of the above decision of the learned Single Judge. On the other hand, W.A. No. 257 of 2011 has been filed by the writ petitioner with the prayer that his dismissal order having been set aside, he would be entitled to all the service benefits including arrear salary and that the departmental enquiry be declared as void and illegal.

3. The facts of the case may briefly be noted.

4. The writ petitioner was working as Rifleman (General duty) under 15 Assam Rifles at the relevant point of time. By letter dated 01.09.2002 the petitioner was informed by Major Sandip Sharma of 15 Assam Rifles that his office had received a letter from his second wife Smt. Lakhi Goswami, resident of Madhav Nagar, Dist. Sivasagar, Assam, about his second marriage which is against the law. The petitioner was asked to show cause as to why disciplinary proceeding should not be initiated against him. The petitioner submitted his reply denying such second marriage and stating that he had no relation with Lakhi Goswami. He requested for 15 days time or one month's leave to enquire into the allegation levelled against him.

5. On 20.11.2002 there was a Court inquiry. The petitioner alleges that he was forced to put his signature on a blank paper which he initially refused but subsequently under heavy pressure of the Commandant, he put his signature.

6. By order dated 01.12.2002 issued by the Commandant, 15 Assam Rifles, the petitioner was dismissed from service with effect from 01.12.2002(A/N). Holding that the petitioner had not given any explanation about contracting the second marriage during subsistence of the first marriage and having pleaded guilty to the charge, the disciplinary authority took the view that the conduct of the petitioner was such as to render his further retention in public service undesirable and warranted imposition of major penalty.

7. The petitioner filed an appeal before the appellate authority on 14.12.2002 but did not receive any response. Thereafter he sent notice through his counsel to the concerned authorities of the Assam Rifles which was also not responded to.

8. Feeling aggrieved, the petitioner filed W.P.(C) No. 2554 of 2003 before this Court challenging the order of dismissal and seeking reinstatement in service with all benefits.

9. The writ petition was contested by the Assam Rifles authorities. In their counter, they stated the following:

1. At the very outset I, respectfully, beg to submit the brief facts of the case as hereunder:

That the writ petitioner (Ex. No. 153432 Rfn/GD Rama Shankar Gupta of 15 Assam Rifles, resident of Bihar State) while on OP duty at Tuli post in Nagaland came in contact with one Miss Lakhi Goswami, resident of Madhav Nagar, Haiwating, Dist. Sibsagar, Assam. The petitioner got mixed up with her and later deceiving her, he contracted marriage with her at a local temple during Jan 2002 and did hide the fact that he was already married to Smt. Maya Devi, first wife as per his service record. The instant petitioner after having good time with that Smt. Lakhi Goswami for over a year dumped her, once the unit moved from Nagaland to Manipur State. The said woman, Smt. Lakhi Goswami, in distress, wrote a letter dated 10.07.2002 to the Commandant of concerned Unit of the petitioner and on the basi