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2023 Supreme(Gau) 391

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


Advocates Appeared:
For the Petitioner: Ms. B. Sarma.
For the Respondents: Ms. Q. Ahmed, Appearing for Mr. T. Deuri.

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

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