TAJDAR KHAN Vs. UNION OF INDIA AND ORS.

JUDGEMENT

(1.) This appeal is filed against the order dated 01.06.2015 made in SWP No. 1490/2007 wherein the appellant has prayed to quash the order dated 28.09.2007, compulsorily retiring him from service and for direction to take him back in service with effect from 28.09.2007 with all monetary benefits. The learned Single Judge having noticed the contract of marriage of the appellant for the second timer while the first wife is alive without getting permission from the department, up held the order of compulsory retirement against which this appeal is filed. Brief facts necessary for disposal of this appeal are as follows: - -

(2.) The said order was challenged by the appellant in the writ petition, by stating that the enquiry officer failed to follow the procedures as mandated by Article 311 of the Constitution of India and the punishment imposed being a major punishment, the same is disproportionate to the misconduct, having regard to the fact that the appellant rendered 11 years of unblemished record of service.

(3.) The said writ petition was opposed by the respondents by stating that the fact that second marriage was contracted by the appellant during the subsistence of his first marriage, without getting prior permission having not been disputed, the violation of the CRPF Rules, namely; Rule 15 as apparent and considering the past service of 11 years rendered by the appellant, the department thought it fit to issue the order of compulsory retirement instead of dismissal or removal from service so that appellant will be in a position to get full gratuity and pension in terms of CCS Pension Rules, 1972 and there is no illegality in the order.