UNION OF INDIA Vs. MOHAMMAD ASHRAF KHAN

JUDGEMENT

(1.) Impugned is the judgment dated 09.08.2007 rendered in SWP No. 837/2006, where under order of dismissal from service dated 24.05.2006 has been quashed and the appellant stand directed to allow the writ petitioner to resume his duties.

(2.) Writ petitioner has been appointed as Constable in Indo-Tibetan Border Police Force (ITBP) on 02.05.1995 under No. 950050214 Constable/GD. During the subsistence of first marriage he has contracted 2nd marriage with Jubeena Khan on 24.02.2006. The first wife Haseena Begum complained, as a result thereof appellant issued memorandum on 15.04.2006 mentioning therein that the writ petitioner has ignored his first wife alongwith two children as such, is living with his 2nd wife. On enquiry same was found to be correct and truth of 2nd marriage was also accepted by the writ petitioner. It is further mentioned therein that in contravention to the Rule 10(2) of Indo-Tibetan Border Police Force Rules, 1994 (hereinafter referred to as the Rules) and Rule 21 of CCS (Conduct Rule), writ petitioner contracted 2nd marriage. The said act amounts to indiscipline as such, writ petitioner was directed to submit his clarification/defence within 15 days. In response thereto writ petitioner had sought three months time to reply. In said request dated 4.5.2006 it is admitted by the writ petitioner that he has contracted 2nd marriage without permission from the Competent Authority and he has discussed the matter with the family of 2nd wife and also informed them about danger to his service. That the family of the 2nd wife agreed to the dissolution of marriage and it is in that backdrop three months time has been sought.

(3.) The appellant refused to accept the request for grant of extension of time so issued the order dated 24.5.2006 where under the admission of the 2nd marriage was noticed. Based on which it was concluded that in terms of Rule 10(2) of the Rules, the writ petitioner has rendered himself ineligible for further retention in service. Finally it is recorded that in exercise of powers conferred under Rule 17 and Rule 20 (3) of the Rules, No. 950050214 Const (GD) Mohd. Ashraf Khan of Administration Wing, SPT BN, ITBP Force is removed from service with immediate effect and stuck off from the strength of SPT BN, ITBP Force from the date of removal i.e, 24.5.2006 (AN) and also stopped to draw pay and allowances from the date of removal.