IN THE HIGH COURT OF MADHYA PRADESH AT GWALIOR BEFORE HON'BLE SHRI JUSTICE ANAND SINGH BAHRAWAT WRIT PETITION No. 3077 of 2008 JOGENDER SINGH Versus UNION OF INDIA AND OTHERS Appearance:

Shri D.P.Singh – Advocate for petitioner.

Shri Praveen Kumar Newaskar- Deputy Solicitor General for respondent/UOI.

Reserved on : 29.08.2025 Pronounced on : 26.09.2025 ___________________________________________________________________

ORDER

This petition under Article 226 of the Constitution of India has been filed by the petitioner seeking the following relief:-

“It is, therefore, most humbly prayed that Hon'ble High Court may kindly be pleased to allowed the this petition and termination order dated 15.03.2008 Annexure P/1 and appellate order dated 06.06.2008 Annexure P/2 be quashed and order of any other Signature Not Verified Signed by: MONIKA respondents who might have confirmed be dismissed and petitioner be re-instated with full back salary and benefits according to law.”

2. Counsel for the petitioner submitted that petitioner was initially appointed as a Constable on 02.04.1990. The first wife of the petitioner Smt. Sarla Devi was ill for a long time. She was not able to look after her family. She was unable to do domestic work. In said circumstances, the petitioner had second married with other woman Smt. Raju Devi in year 1995 with consent of his first wife Smt. Sarla Devi.

3. Respondent/department issued a show cause notice to petitioner on

03.08.2005 in this regard. Thereafter, petitioner has submitted reply dated 16.08.2005 and admitted the fact of second marriage with Smt. Raju Devi. The petitioner also stated in his reply that before marriage, he has taken consent from his first wife and his parents. The petitioner has also enclosed the consent through affidavit of first wife Smt. Sarla Devi, Panchnama and other documents along-with reply dated 26.09.2005. Thereafter, Competent Authority has constituted a board of members through inquire into the case of petitioner. On the recommendation of the board, the Competent Authority is directed to petitioner to submit medical documents certificate about the illness or otherwise unsuitability of the first wife. Thereafter, respondent No.3 has issued termination Signature Not Verified Signed by: MONIKA order dated 15.03.2008, thereafter petitioner filed an appeal against the termination order before Appellate Authority which was also dismissed by order dated 06.06.2008 by respondent No.2.

4. Learned counsel for the petitioner submitted that the consideration of the second marriage of the petitioner was very critical, because the petitioner's first wife had been ill for a long time and she was unable to look after his family and she was unable to do domestic work. In these circumstances, petitioner's first wife Smt. Sarla Devi had given her consent for second marriage. The petitioner has served 17 years 10 months service before the respondent/department. At the time of passing impugned order, the total service period has not been considered by the respondent. After dismissal of service of petitioner the family has come under starvation and it is very difficult to survive. As per Rule 10(2) of Indo Tibetan Border Police Force Rules, 1994 (for brevity “ITBP Rules”), any employee during his service period if he performs second marriage in the life time of his first wife then he would be disqualified for service and he can discharge or retire from his service. At the time of issuing the impugned order, the respondents have not considered Rule 10(2) of ITBP Rules.

Signature Not Verified Signed by: MONIKA

5. Per contra, learned counsel for the respondent has submitted that the no cause of action a part of cause of action arise in the State of Madhya Pradesh and petitioner has filed the petition before this Court on the ground of ordinary residence of the petitioner in Madhya Pradesh, therefore, petition is not maintainable because the lack of the territorial jurisdiction to entertain the writ petition. It