MRITUNJAY YADAV Vs. UNION OF INDIA

JUDGEMENT

(1.) This writ petition has been filed challenging the order of the Appellate Authority dtd. 16/1/2019, whereby the petitioner's dismissal order dtd. 20/12/2014, has only been converted to one of compulsory retirement from service.

(2.) The brief facts are that the petitioner who was serving in the Assam Rifles as a Rifleman (GD) since 2003, was inflicted with the penalty of dismissal by the respondents who invoked Rule 10(2) of the Assam Rifle Rules, 2010, to remove the petitioner from service, as he was found to have entered into second marriage while the first marriage was subsisting.

(3.) Mr. R.J. Das, learned counsel for the petitioner submits that the penalty inflicted is harsh, inasmuch as, he had entered into the second marriage with the second wife with the sole aim of having a child as he was issueless from the first marriage and that his action was at the behest and concurrence of his first wife. The learned counsel further submits that though Rule 10(2) of the Assam Rifles Rules, 2010 provides that a person who contracts into a second marriage during life time of his first spouse may be ineligible for retention in service and may be dismissed, removed or retired from service, the proviso thereto has also provided that the person may be exempted provided the Central Govt. was satisfied that there was sufficient grounds for doing so. It is contended that, due to the peculiar facts of the case, such as, the fact that the second marriage was never registered and that the petitioner had entered into the same with a concurrence of his first wife, the respondents should have taken the same into consideration, while considering the punishment and in fact, should have given him the benefit as per the proviso to Sec. 10(2).