PRABHU SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) Heard Sri Jayendra Kumar Mishra, learned counsel for the petitioner and Sri Abrar Ahmad, learned counsel for the respondents.

(2.) The instant petition has been filed by the petitioner seeking quashing of the order dtd. 8/7/2011, whereby he was removed from the services under Sec. 11(1) of the Central Reserve Police Force Act, 1949 for alleged misconduct with regard to the plural marriage, which is prohibited under Rule 15 of the Central Reserve Police Force Rules, 1955. The petitioner has also challenged the orders dtd. 4/6/2013 and 13/12/2013 passed by the Appellate Authority as well as by the Revisional Authority respectively, rejecting the appeal as well as the revision filed by the petitioner herein against the punishment order dtd. 8/7/2011.

(3.) Briefly stated facts of the case are that the petitioner herein was appointed as Constable in Central Reserve Police Force (CRPF). On the allegations of the second marriage solemnized by the petitioner during the subsistence of his first marriage without any formal permission from the department concerned, the disciplinary proceedings were initiated against the petitioner. On 8/1/2011, a charge sheet was issued against the petitioner by initiating the disciplinary proceeding against the petitioner. For the said charges, the detailed disciplinary proceeding was carried out against the petitioner wherein the petitioner herein has categorically admitted that he was previously married with Smt. Urmila Devi in the year 1976 as per Hindu rights and customs. Thereafter, he was selected and appointed in the year 1988 in CRPF on the post of Constable (Jal Vahak). It is further admitted by the petitioner that in the year 1989, after his recruitment as Constable in CRPF, his previous wife, Smt. Urmila Devi had left the matrimonial house along with the children, and he could not find her despite search made by him. Thereafter, in the year 1992, he solemnized the second marriage with Smt. Pratima Devi and in his service record, he has declared that the said Smt. Pratima Devi to be his nominee in the service record and the name of Smt. Urmila Devi is nowhere referred in the service record.