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NEUTRAL CITATION NO. 2026:MPHC-JBP:8537

1 WPS-503-2004

IN THE HIGH COURT OF MADHYA PRADESH

AT JABALPUR

BEFORE

HON'BLE SHRI JUSTICE MANINDER S. BHATTI

th

ON THE 28 OF JANUARY, 2026

WRIT PET. (SERVICE) No. 503 of 2004

SHYAM BHAHADUR SINGH

Versus

THE UNION OF INDIA & ORS.

Appearance:

Shri Jaydeep Kourav - Advocate for the petitioner.

Shri Suyash Mohan Guru - Advocate for the respondents.

ORDER

This petition has been filed by the petitioner under Article 226 & 227

of the Constitution of India while praying for following reliefs:-

"(i) to issue a writ in the nature of certiorari quashing the dismissal

order dated 27.12.2002 (Annex.P/1) and appellate order dated

8.7.2003 (Annex.P/2).

(ii) To issue a writ in the nature of mandamus directing the

respondents to reinstate the petitioner into services along with

seniority and all other benefits including back-wages.

(iii) To issue a command for production of entire record pertaining

to the present case to kind of the Hon'ble High Court.

(iv) to grant any other relief deemed fit."

2. The brief facts of the case leading to the present petition are that the

petitioner was initially inducted as a Constable in C.I.S.F. vide an order

dated 02.07.1994. Nearly after 8 years into service, while being posted at

C.I.S.F. Unit BIOP-DEP-05, the petitioner was issued a charge-sheet

imputing gross allegations of misconduct on account of bigamy. In

pursuance thereof, a departmental enquiry was conducted against the

Signature Not Verified

Signed by: SAVITRI PATEL

Signing time: 30-01-2026

18:00:38

NEUTRAL CITATION NO. 2026:MPHC-JBP:8537

2 WPS-503-2004

petitioner in terms of Rule 36(2) of C.I.S.F. Rules, 2001, which culminated

in the enquiry report with the charges so levelled against the petitioner,

standing proved. Thereafter, the disciplinary authority vide an order dated

27.12.2002 passed the final order directing the petitioner’s dismissal from

service while concurring with the findings of the enquiry officer. Dejected

by the aforesaid order, the petitioner preferred an appeal before Respondent

No. 3, but to no avail. Thereby, being aggrieved the petitioner has

approached this Court assailing the impugned orders of dismissal from

service as well as the order of the appellate authority.

3. Learned Counsel for the petitioner contends that the petitioner has

served as an honourable member of the force and his conduct has been

exemplary and unblemished throughout his tenure. The petitioner was aghast

when a charge sheet was issued against him, levelling serious allegations of

misconduct on account of bigamy. It is contended by the counsel that the

complaint by his divorced wife Usha Singh, which has resulted in the

issuance of charge-sheet, was a sham as the petitioner had already separated

from her as per the prevalent social customs of the community. Learned

counsel appearing for the petitioner has placed reliance on the decision of a

division bench of this Court in Gop Chand Rai vs. State of M.P. reported in

2004 (2) M.PH.T. 21 and a decision of the High Court of Jharkhand in

Birendra Kumar Ram vs. Union of India, through its Secretary &Ors.,

reported in 2025 SCC Online Jhar 367 to buttress his contention. Moreover,

Usha Singh had sworn an affidavit that she was legally separated from the

petitioner and has no objection to him contracting another marriage. The

aforesaid affidavit was backed by affidavits from Usha Singh’s father and

her brother, respectively. Notably, the Apex Court in a slew of decisions has

observed that divorce as per the customs of a community is legally valid.

Signature Not Verified

Signed by: SAVITRI PATEL

Signing time: 30-01-2026

18:00:38

NEUTRAL CITATION NO. 2026:MPHC-JBP:8537

3 WPS-503-2004

Thus, it is submitted that the impugned orders suffer from non-application of

mind and cannot pass muster.

4. Per contra, learned counsel for the respondent submitted that the

impugned orders have rightly been passed and are commensurate with the

gravity of misconduct on account of the offence of bigamy. The petitioner

contracted anot