THE UNION OF INDIA Vs. SANJAY KUMAR OJHA

JUDGEMENT

(1.) Seeking exception to an order dated 17.06.2013 passed by the learned Writ Court in C.W.J.C. No. 3390 of 2009 this appeal has been filed by the Union of India through the Director General of Police, C.R.P.F. Headquarters, New Delhi.

(2.) Respondent was a constable working in the force in question and vide order dated 2nd of November, 2007 passed by the Commandant, 4th Battalion, C.R.P.F., he was awarded punishment of dismissal from service on account of the fact that he has contracted a second marriage while his first wife was alive and under the Rule 15 of the Central Reserve Police Force Rules, 1955 plural marriage is prohibited.

(3.) The learned Writ Court interfered into the matter after hearing the parties concerned primarily on two counts. The first was that a coordinate Single Bench of this Court in C.W.J.C. No. 10674 of 2002 (Pramod Kumar Yadav v. Union of India and Ors.) decided on 24.09.2002 under similar circumstances had set aside the punishment imposed on a constable in the C.R.P.F. as he had solemnized the second marriage during the life time of his first wife. The second ground which found favour with the learned Writ Court was that under Section 11 of the C.R.P.F. Act a major punishment of dismissal from service cannot be imposed until and unless orders are passed with regard to punishment of the delinquent employee for heinous offences as classified under Section 9 and Section 10.