1. Heard both sides and perused the records.

2. The petitioner was a Physical Education Teacher working in a Government Higher Secondary School. He was charge sheeted under Rule 19(1) of the Tamil Nadu Government Servants Conduct Rules, 1973. This was on the ground that he had contracted a second marriage while the first marriage was in subsistence.

3. After conducting an enquiry it was found that the said charge was proved. The defence taken by the petitioner was that his first wife was suffering from a terminal decease had insisted that he should marry another person so that they can have a male child from out of the said marriage. He got the consent of his first wife and with the approval of the elders of the family. The Petitioner was removed from service by order dated 29. 1994.

4. As against the order of removal the petitioner filed an appeal dated 210. 1994 to the Director of School Education, Chennai, the second respondent. In the appeal he had stated that the marriage was performed at the instance of the first wife and the elders of the village and with the consent of the first wife who also wanted to have a male child through the second marriage. The appeal f