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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
Mrs.Justice J. Nisha Banu, Mrs.Justice S. Srimathy, JJ
District Collector, Karur, Karur District – Appellant
Versus
A. David Arokiyaraj – Respondent
JUDGMENT :
S.SRIMATHY, J.
The present writ appeal is filed against the order dated 08.06.2022 passed in W.P.(MD)No.1782 of 2020.
2. The writ petition was filed for issuance of a writ of Certiorarified Mandamus to quash the order dated 06.01.2020 passed by the respondent and consequently to direct the respondent to reinstate the petitioner in his service with all benefits.
3. The brief facts are that the writ petitioner was employed in Army and after voluntary retirement from Army, he was appointed in the Revenue Department during the year 2011 and on 01.03.2012, he was posted as Revenue Inspector at Tharagampatti, Kulithalai Taluk, Karur District. He served in the Revenue Department for nearly 8 years without any blemish and has not faced any charges during the service. However, on 29.06.2019 the petitioner’s 1st wife namely, Roseline Sahaya Mary sent a complaint stating that the petitioner’s marriage with her was solemnized on 08.07.2001, they were blessed with two children namely, Clinton Antony and Santhosh, after marriage the petitioner often quarreled with her, ill-treated her and thrown her from matrimonial home on 14.04.2009, then the petitioner did not support financially and d
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.
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.
Bigamous marriage is prohibited under Regulation 4(xxi) of the APSEB Regulations, and customary divorce claims must be proven to negate such allegations.
Disciplinary termination without jurisdiction violates natural justice; customary divorce acknowledged, rendering bigamy charges invalid under personal law.
The court ruled that while misconduct was established, the punishment of compulsory retirement was excessive and disproportionate, warranting judicial intervention.
Government servants must adhere to conduct rules prohibiting bigamous marriages, requiring prior approval regardless of personal law or spousal consent.
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