SABBIR AHMED LASKAR Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. F.Z. Mazumder, learned counsel for the appellant. Also heard Mr. R.K. Borah, learned Additional Senior Government Advocate, Assam, representing all the respondents.

(2.) This writ appeal is directed against the order dtd. 20/9/2023 passed by the learned Single Judge in WP(C) No.5504/2023, whereby the writ petition filed by the appellant/writ petitioner has been dismissed.

(3.) The brief facts of the case are that the appellant/ writ petitioner was a Constable in the Assam Police. However, during the currency of his first marriage, he contracted a second marriage. The first wife of the appellant/ writ petitioner has filed a complaint with the authorities concerned and on the basis of the said complaint, Disciplinary Proceedings have been initiated against the appellant/writ petitioner and in those Disciplinary Proceedings, the charge relating to the second marriage during the currency of the first marriage was proved against the appellant/writ petitioner and pursuant to that, the Superintendent of Police, Dima Hasao, Haflong has inflicted a punishment of his removal from service, which resulted into passing of the impugned order dtd. 26/4/2023 removing the appellant/writ petitioner from service. The Departmental Appeal preferred by the appellant/writ petitioner against the said order has also been dismissed. The said order dtd. 26/4/2023 was challenged by way of a writ petition. The learned Single Judge has dismissed the writ petition filed by the appellant/writ petitioner vide the impugned order while holding that there is no illegality in the order of removal from service of the appellant/writ petitioner and the same is not vitiated.