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N. KOTISWAR SINGH, SOUMITRA SAIKIA
Union of India, Represented by the Secretary, Ministry of Home Affairs – Appellant
Versus
Pranab Kumar Nath, Son of Late Kamaleshwar Nath – Respondent
JUDGMENT :
[N. Kotiswar Singh, J.]
1. Heard Ms. B. Sarma, learned counsel for the appellants. Also heard Ms. Q. Ahmed, learned counsel submitting on behalf of Mr. T. Deuri, learned Counsel for the respondents/writ petitioner.
2. The present appeal has been filed against the judgment and order dated 21.07.2022 passed by the learned Single Judge of this Court in WP(C) No.8078/19 by which the learned Single Judge interfered with the penalty of “Dismissal from Service with immediate effect” imposed on the respondent/writ petitioner vide order dated 01.07.2017 on the ground of bigamy.
3. The writ petitioner was serving as a Constable/GD in the Central Industrial Security Force (CISF). On 18.03.2016, after a written complaint was filed by the wife of the petitioner, namely, Smt. Chandana Nath, a disciplinary proceeding was initiated against him for marrying another woman, namely, Smt. Parthana Das during the subsistence of the earlier marriage. On conclusion of the inquiry he was found guilty to the charge of having contracted a second marriage during the subsistence of the earlier marriage in violation of Rule 18 (B) of the CISF Rules, 2001, and accordingly, dismissed him from service v
Extreme punishment of dismissal for bigamy is not warranted if similar cases received lenient treatment; discretion remains with disciplinary authority to impose lesser penalties.
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....
Judicial review under Article 226 does not permit interference with departmental proceedings unless the punishment is shockingly disproportionate to the misconduct.
The court ruled that while misconduct was established, the punishment of compulsory retirement was excessive and disproportionate, warranting judicial intervention.
Disciplinary action for bigamy must align with statutory provisions, ensuring that penalties are proportionate to the misconduct, with compulsory retirement deemed appropriate in this case.
Disciplinary actions in uniformed services must uphold strict standards of conduct, and proven misconduct justifies severe penalties such as dismissal.
Government servants must adhere to conduct rules prohibiting bigamous marriages, requiring prior approval regardless of personal law or spousal consent.
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