ORDER

The order dated 22.12.2021 issued by the Accountant General of Tamil Nadu rejecting the request of the petitioner to include the name of his second wife as nominee in the service records is under challenge in the present writ petition.

2.The impugned order states that the writ petitioner, M.Muthumadaswamy has married Smt.M.Kavitha, when his wife is alive. Thus, Smt.M.Kavitha cannot be incorporated as family pension beneficiary, as per the Tamil Nadu Pension Rules, 1978 (in short 'Pension Rules').

3.The facts in nutshell are that the petitioner served as Assistant and Junior Assistant and retired from service on 31.08.2013 and now receiving pension. The petitioner married one Smt.Tamil Selvi in the year 1985 and she was diagnosed of suffering from Blood Cancer and she requested the petitioner to marry her younger sister Kavitha, as they had two children born out of wedlock. Accordingly, the petitioner married Smt.M.Kavitha on 29.05.1994, subsequently the first wife of the writ petitioner died on 18.09.1996.

4.The petitioner was making a request to include the name of the second wife, Smt.M.Kavitha as nominee in the service records for the purpose of family pension. The said request was forwarded by the District Educational Officer, Uttamapalayam. However, the Accountant General of Tamil Nadu rejected the request on the ground that the writ petitioner has married Smt.M.Kavitha, when his first wife is alive.

5.The issues to be considered in this writ petition are that :

(a) whether a Government employee can enter into a contract for second marriage during the lifetime of the first wife?;

(b) whether in the event of death of the first wife after solemnizing the second marriage, the second wife would be entitled to seek her name to be incorporated as nominee in the service records or not?;

(c) What are all the governing principles with reference to the Tamil Nadu Government Servants Conduct Rules, 1973 (in short 'Conduct Rules') and the Pension Rules, which all are to be scrupulously followed as far as the Government servants are concerned?.

6.Rule 19 of the Conduct Rules speaks about the Bigamous Marriage. Accordingly, no Government servant shall enter into or contract a marriage with a person having a spouse living and no Government servant having a spouse living shall enter into or contract a marriage with any person.

7.Sub-Rule (2) to Rule 19 stipulates that no Government servant involve himself in any act involving moral turpitude on his part including any unlawful act, which may cause embarrassment or which may bring discredit to Government.

8.As far as the Government servants are concerned, the Conduct Rules are applicable and the offence of bigamous marriage under the Indian Penal Code cannot be compared with the Conduct Rules, as they play different Rule.

9.As far as the criminal prosecution is concerned, a complaint may be required from an aggrieved person. However, no such complaint is required for the competent authority of the Government to institute disciplinary proceedings under the Conduct Rules. Even an information is sufficient and based on the information, an enquiry is to be conducted to cull out the truth. If the facts regarding any violation of Rule 19 of the Conduct Rules are established, then the employee is liable to be punished. Therefore, the procedures contemplated under the Criminal Procedure Code with reference to the Indian Penal Code are noway connected with the departmental disciplinary proceedings and both are distinct and different.

10.The procedures to be followed for criminal prosecution is entirely different and the procedures to be followed for departmental disciplinary proceedings are under the Service Rules applicable. To convict a person under the criminal law, a strict proof is required. However, no such strict proof is required to punish a Government servant under the Tamil Nadu Civil Services (Discipline and Appeal) Rules, 1955 and the Conduct Rules.

11.Even preponderance of probability or an