MALKIAT SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) THE petitioner has sought the quashing of the dismissal order dated 1st December, 2002 from the service of the Assam Rifles by Commandant No.15 on account of committing the violation of Section 21(i) of the Central Civil Services (Conduct) Rules, 1965 (Restriction regarding marriages) and for quashing the order dated 3rd November, 2008 dismissing the appeal filed by the petitioner against his order of dismissal dated 1st November, 2002. THE petitioner has also sought the quashing of order dated 1st March, 2011 dismissing the revision petition of the petitioner.

(2.) BRIEF facts to comprehend the controversies are that the petitioner joined the Assam Rifles on 29th May, 1994 as a Rifleman General Duty. He contended that while being posted to the field area away from his family, certain temperamental and other differences arose between him and his wife. His wife, namely, Smt. Asha Devi had filed a case under Sections 498A, 494 & 109 of the Indian Penal Code. The wife of the petitioner had also filed an application seeking maintenance under Section 125 of the Code of Criminal Procedure which was decided by Sh.R.K.Sharma, Additional Chief Judicial Magistrate, Nurtu, District Kangra, Himachal Pradesh by his order dated 3rd October, 2000 awarding the maintenance of Rs. 500/- per month to the wife of the petitioner. The wife of the petitioner, Smt. Asha Devi filed a complaint against the petitioner contending that the petitioner has also married Ms. Anju Devi, resident of Village- Gangat, Tehsil-Nurpur, District Kangra on 28th February, 1998 though Smt. Asha Devi was the legally wedded wife of the petitioner. Pursuant to the complaint filed by the wife of the petitioner Smt. Asha Devi an inquiry was proposed against the petitioner by order 31st December, 2001 under Rule 14 of the Central Civil Services (Classification, Control & Appeals) Rules, 1965. The articles of charge were given to the petitioner and he was asked to file a reply/representation against the same.

(3.) THE petitioner in his statement recorded on 9th May, 2001 had also deposed that he had eloped with Ms. Anju Devi and with her consent had moved to Jorhat in the year 1998. THE reason for the second marriage given by the petitioner in his statement was that Smt. Asha Devi is seven year older than him as her date of birth is 4th April, 1963 whereas the petitioners date of birth is 3rd October, 1970 and that his wife remains sick as she gets fits. He also complained that before the marriage he was shown a different girl but after the marriage he learnt that he and his parents had been cheated.