DIRESWAR BAISHYA Vs. UNION OF INDIA

JUDGEMENT

(1.) Heard Mr Narayan Chakraborty, learned counsel for the petitioner and also the learned Central Govt. Standing Counsel appearing for the respondents.

(2.) After passing HSLC examination the petitioner was appointed as a constable in Group Centre, SSB, Bongaigaon by order dated 9.3.94. That since the date of his joining he has been serving his duty without blemish. That the respondent No.5, Commandant, Group Centre, Bongaigaon by the impugned order dated 1.7.99 removed him from service w.e.f. 1.7.99 for conducting 2nd marriage without obtaining prior permission of the competent authority having his spouse alive. Annexure-I is the impugned order. The petitioner preferred an appeal before the respondent No. 3, Divisional Organiser, SSB, North Assam Division, Tezpur who by order dated 12.2.2001 dismissal the appeal and confirmed his removal order.

(3.) It is submitted on behalf of the petitioner that the so called 2nd marriage was solemnised at a Mandir under compulsion to save his life and ultimately the marriage with the petitioner's first wife was dissolved by a decree of divorce by the District Judge, Sonitpur on 30.11.2000 passed in T.S. (D) No. 24/2000.