STATE OF WEST BENGAL Vs. PRASENJIT DUTTA

JUDGEMENT

(1.) Leave granted.

(2.) This is an appeal by the State of West Bengal and its officers against the judgment and order dated 18/11/1992 passed by a division bench of the Calcutta High court in FMAT No. 2977 of 1992 confirming the decision of the Single Judge passed in CR No. 7127 (W) of 1984.

(3.) The respondent is a member of the Police Service of the State of West Bengal. He stood married to one Smt Bulli Dutta. While so, it is alleged, he married another woman by the name Tulu Dutta Paul during the subsistence of the first marriage. The departmental authorities of the Police Department taking aid of Rule 5 (4 of the West Bengal Services (Duties, Rights and Obligations of the government Employees) Rules, 1980, initiated a departmental enquiry against the respondent. That sub-rule says that no government employee who has a wife/husband living shall contract another marriage without previously obtaining the dissolution of the first marriage in accordance with the law for the time being in force, notwithstanding such second marriage is permissible in the personal law of the community to which he or she belongs. The matter was examined factually by an enquiry officer appointed for the purpose and on his report that the respondent was guilty of the misconduct alleged, an order of dismissal was passed by the disciplinary authority. But, before the order of dismissal could be served on the respondent he approached the High court and had the operation of the dismissal order stayed from a learned Single Judge which order was upheld by the division bench and which has further led to this appeal.