The court emphasized the principle that shockingly disproportionate punishment can be interfered with by the court and considered the allowance of multiple marriages under personal law.

Asok Potsangbam, J.

1. Heard Mr. A. Mohendro Singh learned Counsel for the Petitioner and Mr. C. Kamal Singh, learned CGSC appearing for the Respondents.

2. In this writ petition, the Petitioner has challenged the order dated 20.11.2006 (Annexure-3) issued by the Addl. DIGP-cum-Commandant, GC, CRPF, Imphal, Manipur (the disciplinary authority) dismissing him from service and also the order dated 22.01.2007 (Annexure-5) passed by the D1GP, CRPF, Imphal, Manipur, (the appellate authority), dismissing the statutory appeal and confirming the order dated 20.11.2006 passed by the disciplinary authority.

3. Briefly stated, the case of the Petitioner is that while functioning as CT(GD) in CRPF during the period from 29.05.99 to 05.10.2004, he contracted a second marriage with one Ms. Rehena Begumon 16.05.2002 when his first wile Piyarjan Begum was still alive and as such, the disciplinary authority initiated a disciplinary proceeding against the Petitioner on the charge that the Petitioner had violated Rule 15 of the CRPF Rules, 1955 read with Rule 21 of the Central Civil Services (Conduct) Rules 1964. After initiation of the disciplinary proceeding, a memorandum of charges dated 04.07.2006 under Memo No. P.VIII.2/2005-EC-II accompanied by Article of charge, imputation of charge were furnished to the Petitioner and one Mr. P.K. Choudhury, Second-in-Command Officer, GC, CRPF, Imphal, was appointed as an Enquiry Officer to enquire into the charges levelled against the Petitioner, vide order dated 15.07.2006 issued by the disciplinary authority. The Article of charge which may be relevant for consideration in the subsequent paragraph of this judgment, may be reproduced as hereinbelow:

That the said No. 850787859 HC(GD) Mohad. Zakir Hussain while functioning as CT(GD) in CRPF during the period from 29.05.1999 to 05.10.2004 committed an act of misconduct in his capacity as a member of the Force under Section11(1) of CRPF Act, 1949 in that he contracted second marriage with Miss. Rehena Begum on 16.05.2002 when his first wife Smt. Piyarjan Begum is still alive, in violation of the CCS (Conduct) Rule, 1964, which is an act prejudicial to good order and discipline of the Force.

4. The Petitioner did not submit any written statement of defence in the disciplinary proceeding. However, the prosecution examined Petitioner's first wife Ms. Rehana Begum, Second wife Ms. Piyarjan Begum along with four other witnesses as prosecution witnesses.

5. The Petitioner did not deny the charges levelled against him by the authority but at one point of time i.e. on 17.06.2004, he produced a divorce certificate to demonstrate that he had already divorced his second wife Ms. Rehana Begam. Though many contentions have been raised in this petition, the Petitioner chose to confine and rest his arguments only on the following two points/grounds:

i) Under the personal Law, the Petitioner, who is a Muslim by caste, is entitled to have three marriages i.e. three wives at a time, and

ii) Secondly, in the nature of the charge levelled against the Petitioner, the punishment of dismissal from service is grossly disproportionate and as such, interference from the court is called for.

6. In order to understand the misconduct alleged to have been committed by the Petitioner, it is considered necessary to discuss Rule 15 of the Central Reserve Police Force Rules, 1955 (hereinafter referred to as the Rules, 1955). The Rule 15 of the Rules, 1955 is reproduced hereinbelow:

15. Plural marriages - No member of the Force who has wife living shall contract any other marriage without first obtaining the permission of the Government notwithstanding that such subsequent marriage is permissible under the personal law for the time being applicable to the member of the Force.

7. A plain reading of Rule 15 of Rules, 1955, as a whole, would make it abundantly clear that there is no absolute prohibition to a member of the Force from contracting second marriage while his first wife is still alive