UNION OF INDIA Vs. SUBODH KUMAR

JUDGEMENT

(1.) This letters patent appeal is against the order dated 8th October, 2002 on CWJC No. 641 of 2000 : Subodh Kumar v. Union of India and Ors., whereby the order of the Director General of Police, Central Reserve Police Force (CRPF) dated 30th July, 1999 upholding the order of the Commandant, 133 Battalion, Patna dated 21st May, 1999 dismissing the petitioner-appellant from service has been set aside.

(2.) The impugned order, which has been set aside by the learned Judge, was to the effect that the petitioner-appellant upon an inquiry was found to have committed a serious misconduct as he had during the subsistency of a marriage married again or took another woman as a wife so as to indulge in a plural marriage within the meaning of Rule 15 of the Central Reserve Police Force Rules, 1955. During the course of the inquiry, the petitioner-appellant could not resist that recital from the proposition as it was a circumstance of fact that he had taken another woman or indulged in a second marriage while his first wife was alive. Further, the fact that the petitioner-appellant had another wife is a matter of record. The Court will revert to this aspect subsequently.

(3.) On the appeal learned counsel for the petitioner-appellant and learned counsel for the Union of India have been heard.