LNK DHAN BAHADUR ROKA Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioner, a rifleman in the Unit 2/3 Gorkha Rifles under the respondents was discharged from Army service by a discharge certificate dated 10-1-1990 (Annexure-4 to the writ petition) and challenging the same, the petitioner filed the present writ petition seeking consequential reliefs also.

(2.) Admittedly, the ground of discharge is contracting plural marriage without divorcing the first wife contrary to instructions contained in paragraph 333 of the Regulations.

(3.) Facts are not disputed in the present proceeding. The contention of the petitioner is that though he admittedly contracted plural marriage, the petitioner is not liable to be discharged as petitioner belonging to Gorkha community and having Nepalese domicile, is entitled to exemption in respect of bar of contracting plural marriage. In support of such contention Mr. H. N. Singh, learned counsel for the petitioner relied on the language of the said Regulation 333 claiming that the petitioner enjoyed the exemption and as such the discharge order was liable to be set aside.