MANZOOR AHMAD MIR Vs. STATE

JUDGEMENT

(1.) PETITIONER , a police constable, had to pay through his nose for contracting a second marriage. For this, he was removed from service by Order NO. 166 of 1994 dated 26.4.1994 passed by respondent No.3. The matter raised an interesting issue, viz. whether a second marriage could lead to the employees dismissal from service under the J&K Government Employee (Conduct) Rules, 1971?

(2.) RULE 22 of these rules which is material for our purpose reads thus: "No government employee who has a wife living shall contract another marriage without first obtaining the permission of the Government, notwithstanding that such subsequent marriage is permissible under the personnal law for the time being applicable to him. No female government employee shall marry any person who has a wife living without first obtaining the permission of the Government."

(3.) UNDER Rule 22, a Government employee is debarred from contracting a second marriage without obtaining the permission of the Government in this regard though such marriage is permissible under the applicable personal law. The short question that arises is; whether the bar created and the restraint imposed, would entail dismissal of a Govt. employee?