TAPINDER SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THE appellant, who was serving in the police, was accused of performing second marriage for which he was charge sheeted and ultimately dismissed from service. Having failed in his departmental appeal, he had filed the suit, challenging the order of his dismissal. THE suit was dismissed and so also the appeal filed against the same. He has accordingly filed this Regular Second Appeal.

(2.) AS per the counsel for the appellant, the substantial question of law that will arise in this case is that the departmental enquiry can not determine the civil rights of a party and can also not go into the complicated matters effecting the civil rights of the parties.

(3.) THE present case is not a simple case of a second or a plural marriage. THEre are certain peculiar features in this case, which may be noticed. In fact, brother of the petitioner, Constable Sukhdev Singh, was killed by the extremists on 7.1.1991. He left behind wife, named, Chhinder Pal Kaur. As per the customs, she was married to the appellant with his consent in the presence of all relatives. Out of this wedlock, Chhinder Pal Kaur gave birth to a son. In view of the Government policy, Chhinder Pal Kaur and/or her children were entitled to a Government job on priority or compassionate basis. Chhinder Pal Kaur, being wife of Constable killed by the extremists, was also entitled to the pensionary benefits of her deceased husband. Appellant having married the wife of his deceased brother was able to obtain the Government job as Constable and also all the pensionary benefits being husband of Chhinder Pal Kaur. Having obtained all these benefits, the appellant started harassing Chhinder Pal Kaur and drove her away from his house. Thus, Chhinder Pal Kaur stayed with the appellant for a year and a half and thereafter started living in a Government quarter at Jamalpur Police Colony. Appellant joined her there for 15 to 20 days. When Chhinder Pal Kaur had gone to her village, the appellant broke open the locks of the room belonging to Chhinder Pal Kaur and misappropriated her belongings. Later the appellant married one Gurmit Kaur daughter of Mohinder Singh on 22.9.1999 without obtaining divorce from Chhinder Pal Kaur. She had accordingly moved complaint against the appellant for which a charge sheet was framed against him and departmental enquiry ordered. THE enquiry was conducted by DSP Gurnam Singh, who found the appellant guilty of the misconduct and thereafter he was dismissed from service by competent authority on 30.11.2001. As per the respondent-State, the appellant was afforded full opportunity to present his defence during the course of enquiry. He had examined and cross-examined witnesses at length. He had produced witnesses like Balraj Singh, Jagdev Singh, Sukhwinder Singh and Harbans Kaur in his defence. THE appellant, however, was found guilty and accordingly punished.