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S. M. SUBRAMANIAM, C. KUMARAPPAN
B. Haniffa – Appellant
Versus
Commandant CISF Unit – Respondent
JUDGMENT :
(Judgment of the Court was made by S.M.SUBRAMANIAM, J.)
Prayer: Writ Appeal filed under Clause 15 of Letters Patent to set aside the order passed by the Learned Judge in W.P.No. 28792 of 2010 dated 09.08.2019.
The writ petitioner is the appellant before us. The appellant was holding the post of Constable in Central Industrial Security Force Unit. Departmental disciplinary proceedings were initiated against the appellant under Rule 21(2) of the Central Civil Services (Conduct Rules) 1964 and under Section 18(b) of the CISF Rules, 2001.
2. The charge against the appellant was that having a spouse living by name Smt.Mobin Taj got 2nd marriage with another lady named Mrs.H.Reshma without obtaining divorce with his first wife, which is a misconduct. The article of charge -II indicates that gross indiscipline and misconduct on the part of the appellant that applied for LTC for the block year 2008-2009 for self and for his wife namely Mobin Taj on 21.08.2009, when he is living with 2nd wife Mrs.H.Reshma. The part on the Official to suppress the fact from the department is also an offence. Thus, the 2nd charge was framed. The charge memo contains statement of imputation of gross ind
Disciplinary actions in uniformed services must uphold strict standards of conduct, and proven misconduct justifies severe penalties such as dismissal.
The issue of constructive res judicata and the requirement of proving guilt in a disciplinary proceeding.
The court ruled that while misconduct was established, the punishment of compulsory retirement was excessive and disproportionate, warranting judicial intervention.
Dismissal of an employee for a second marriage while having a first spouse is extreme punishment; lesser penalties should consider personal circumstances and proportionality.
Contracting a second marriage during the lifetime of the first wife by a government servant constitutes grave misconduct under the Tamil Nadu Civil Services (Discipline and Appeal) Rules.
Punishments imposed must be in proportionate with the gravity of the allegations/proved charges, and the consequences of mistakes should not be unduly harsh.
The main legal point established in the judgment is the need for proportionality in imposing disciplinary penalties, considering the changing ethical standards and societal behavior, and the impact o....
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