SUBODH KUMAR Vs. UNION OF INDIA

JUDGEMENT

(1.) THIS writ petition has been filed for quashing the order of the Director General of Police, Central Reserve Police Force (CRPF) dated 30.7.1999 upholding the order of the Commandant, 133 Battalion, Patna dated 21.5.1999 dismissing the petitioner from service 1949 for having contracted another marriage in the lifetime of his wife.

(2.) THE services of the petitioner were earlier terminated on the abovesaid ground of plural marriage on 3.7.1995. THE order was set aside by this Court in CWJC No. 9844/96 on 12.5.1998. Liberty, however, was given to the respondents to initiate a regular departmental proceeding against him, with further liberty to pass an interim order of suspension during the pendency of the departmental proceeding. Pursuant to the said order the petitioner's joining was accepted on 2.7.1998 and departmental proceeding was initiated against him. As per the charge memo he had committed misconduct by marrying one Santoshi Kumari during the lifetime of his wife Smt. Ranjana Devi on 6.6.1993 an act prejudicial to good order and discipline of the Force, under Section 11(1) of the CRPF Act read with Rule 15 of the CRPF Rules 1959 and Rule 21 of the CCS (Conduct) Rules 1964. As per the statement of imputation, if the petitioner intended to marry another woman in special circumstances he should have obtained prior permission of the Government in terms of Rule 15 of the CRPF Rules read with Rule 21 of the CCS (Conduct) Rules. In the departmental proceeding evidence was led and finally by impugned order dated 21.5.1999, referred to above, the petitioner was dismissed from service. THE order was upheld by appellate authority on 30.7.1999 giving rise to this writ petition.

(3.) A doubt arose in course of further hearing on 28.8.2002 when the case came up for orders as to whether a member of the Force could be dismissed from service only on being sentenced to imprisonment under the Act. The delivery of order was postponed.