MADAN SINGH GUSAIN Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) THE Government Servants Conduct Rules, 1956 applies to the employees of the State of Uttarakhand. The said Rules specify some basic required conducts on the part of the servants of the Government. One of those conducts, as contained in Rule 29 thereof, is that no Government Servant, who has a wife living shall contract another marriage, without first obtaining the permission of the Government, notwithstanding that such subsequent marriage is permissible under the Personal Law for the time being applicable to him.

(2.) IT is urged on behalf of the Appellant, who is a Hindu, that by reason of the provisions contained in Hindu Marriage Act, 1955, no Hindu can solemnize a marriage, when his spouse is living. It is being contended that in such event, Rule 29 of the said Rules does not apply to Hindus, it applies only to Muslims, inasmuch as when it is contemplated that permission may be granted by the Government in the case of a second marriage, the same being barred by the Hindu Marriage Act, 1955, even with the permission of the Government, such marriage cannot be solemnized.

(3.) IN the circumstances, we are also not inclined to hold that the said Rules were not applicable to the Appellant. That having been held by the judgment and order under appeal, we refuse to interfere with the same. The appeal fails and the same is dismissed.