IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 16.08.2023 CORAM THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN W.P.No.20082 of 2014 S.Nagarajan .... Petitioner -Vs-
1.The Senior Commandant Central Industrial Security Force, (Ministry of Home Affairs), CISF ASG, Chennai-27.
2.The Deputy Inspector of General/AP-SZ, Central Industrial Security Force, (Ministry of Home Affairs), 2nd Floor, “D” Block, Rajaji Bhavan,Besant Nagar, Chennai-600 090.
3.The Additional Director General /Airport Sector, Central Industrial Security Force, (Ministry of Home Affairs), 13, CGO's Complex, Lodhi Road, New Delhi. .... Respondents Prayer:- Writ Petition filed under Article 226 of Constitution of India for the issuance of Writ of Certiorarified Mandamus, to call for the records connected with order of the third respondent dated 15.04.2014 in No.V-11014/APS/REV- 01/SN/LC/2014.3547 and quash the same and consequently direct the respondents to reinstate the petitioner in service with back wages.
For Petitioner : Mr.N.Vignesh, for Mr.B.Nedunchezhiyan For Respondents : Mr.G.Ilangovan
ORDER
This Writ Petition has been filed against the order passed by third respondent dated 15.04.2014, thereby dismissing the Revision Petition and confirmed the order passed by the second respondent on 20.06.2013, thereby dismissing the appeal and confirmed the order passed by the first respondent dated 27.03.2013, thereby dismissed the petitioner from service.
2. Heard the learned counsel for the petitioner and the learned counsel for the respondents and perused the materials available on record.
3. The petitioner, while working as a Sub Inspector in CISF No.014501436, EX-SI/EXE of Central Industrial Security Force Unit ASG Tirupati, got married to Mrs.Hemlatha Behara, who is a Lady Constable of CISF No.074340680 on 11.09.2010 at Arya Samaj Mandir, Arya Nagar, Uttar Lalaguda, Secundrabad-500 017 in accordance with Vedic Rituals. Their marriage was also registered on 11.09.2010 under the Arya Marriage Validation Act No.IX of 1937 in Marriage Certificate No.M/2010/377.
4. Immediately after their marriage, the petitioner went for training at Ghaziabad for UN Mission at Haiti. When the petitioner returned after training in the month of December 2011, he had joined at Tirupati Airport. There was an objection from his father. Only his mother supported their marriage, unfortunately, she also died on 05.06.2012. Therefore, the petitioner had no other person to support his marriage in his family.
5. When the petitioner went to his native place at Tuticorin, on
21.10.2012, showing the illness of his father, his father and other family members arranged his marriage once again with one Periyanayaki @ Hemalatha on 29.10.2012. It happened without the consent of the petitioner and as such, he had also taken steps to stop the second marriage, but it was of no use. Because of the compulsion of his father, who was on his death bed and his family members, the petitioner was forced to marry the said Periyanayaki @ Hemalatha and he tied thaali, when his first wife is very much alive and his first marriage was in existence. Immediately, the petitioner informed about his second marriage to his legally wedded wife.
6. At that juncture, the first wife of the petitioner got mental agony and she had no other option than to inform about his second marriage to the department concerned. On receipt of the said representation, the petitioner was served with a charge memo. On receipt of the same, the petitioner also submitted his detailed explanation denying the charges that he had agreed for second marriage and only on the compulsion, that too on his father's death bed, he was compelled to tie thaali. In fact, immediately after the alleged second marriage, he returned to duty and he never lived with his second wife even for a day. There was no consummation between them and he left her in his native itself and he had joined duty.
7. Without being satisfied with the explanation submitted by the petitioner, an enquiry was ordered and in the enquiry, his first wife was examined as P.W.1. She also stated about their marriage and registration of her marriage. She also produced the marriage certificate. However, the petitioner did not cross examine her. The Enquiry Officer found the charge proved. Thereafter, the petitioner was served with a second show cause notice annexing the enquiry report. However, petitioner failed to submit his explanation and the first respondent passed final order, thereby dismissed the petitioner from his service with immediate effect, by the order dated 27.03.2013. Aggrieved by the same, the petitioner also filed an appeal before the second respondent. While pending appeal, his second wife filed a petition to dissolve their marriage under section 12 of Hindu Marriage Act. However, the appeal was also dismissed and aggrieved by the same, the petitioner again preferred revision before the third respondent. Pending revision, the divorce petition was decreed and the marriage solemnized between the petitioner and the second wife was dissolved by t
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