UNION OF INDIA Vs. PRANAB KUMAR NATH

JUDGEMENT

(1.) Leave Granted.

(2.) The Respondent- Pranab Kumar Nath was employed with the Central Industrial Security Force[Hereinafter, referred to as 'CISF'] and had been dismissed from service in terms of order dtd. 1/7/2017 passed by the Senior Commandant, CISF[Hereinafter, referred to as 'Disciplinary Authority'] consequent to disciplinary proceedings drawn against him, for marrying once more in the subsistence of his first marriage. Such dismissal was confirmed by the Appellate[Deputy Inspector General, CISF vide Order dtd. 20/9/2017] and Revisional[Inspector General, CISF vide Order dtd. 26/7/2018] Authorities. The Learned Single Judge[WP No. 8078 of 2019 vide Order dtd. 21/7/2022] and the Division Bench[Impugned judgment in WA No. 357 of 2022 by judgment dtd. 18/1/2023] were of the view that dismissal from service is much too harsh a penalty, and as such, for their own reasons, each directed the Disciplinary Authority to pass orders imposing a lesser penalty on him. The Appellant- the Union of India, is aggrieved thereby.

(3.) The facts, as laid out by the Courts/Authorities below are that the Respondent began serving as a member of the CISF as a Constable on 22/7/2006. Mrs. Chandana Nath- the wife of the Respondent, by way of a written complaint, and subsequently, upon examination, informed the authorities that he had, while on posting to the 3rd NDRF Battalion, Mundali Odisha, married for a second time to one Parthana Das on 14/3/2016. Consequently, a Charge Memorandum was framed against the Respondent on 7/7/2016. The relevant extract thereof is as below:-