Bigamy: Govt officers beware! | Latest News India - Hindustan Times
close_game
close_game

Bigamy: Govt officers beware!

None | By, New Delhi
Aug 19, 2006 01:47 AM IST

In an important judgment, the Supreme Court has said a second marriage by a government servant in violation of service rules can be a valid ground for packing him or her to compulsory retirement.

In an important judgment, the Supreme Court has said a second marriage by a government servant in violation of service rules can be a valid ground for packing him or her to compulsory retirement.

HT Image
HT Image

The ruling came from a Bench of Justice Arijit Pasayat and Justice L S Panta on an appeal by the Union of India against an order of the Madhya Pradesh High Court, which held that the punishment of compulsory retirement from service was not commensurate with such misconduct.

Hindustan Times - your fastest source for breaking news! Read now.

The High Court had asked the Appellate Authority to reconsider the penalty imposed on one K G Soni, who was compulsorily retired as a Senior Attendant in the Bank Note Press, Dewas in 1997 after 22 years of service.

The punishment was awarded after the Disciplinary Authority held him guilty of misconduct for a second marriage in 1974, about which his first wife complained. He had also concealed his first marriage solemnized a year earlier from the authorities.

However, the apex court set aside the HC order and restored that of the Appellate Authority, observing, “the scope of judicial review is limited to the deficiency in decision-making process and not the decision.”

The SC also took note of the fact that the HC did not point out why it considered the misconduct to be not serious. “Unless the punishment imposed by the Disciplinary Authority or the Appellate Authority shocks the conscience of the Court, there is no scope for interference,” the Bench said.

“Further, to shorten litigation it (HC/Tribunal) may in exceptional and rare cases, impose appropriate punishment.”  “In a normal course, if the punishment imposed is shockingly disproportionate, it would be appropriate to direct the Disciplinary Authority to reconsider the penalty imposed,” the SC said.

Unveiling Elections 2024: The Big Picture', a fresh segment in HT's talk show 'The Interview with Kumkum Chadha', where leaders across the political spectrum discuss the upcoming general elections. Watch now!

Get Current Updates on India News, Election 2024, Arvind Kejriwal News Live, Bihar Board 10th Result 2024 Live along with Latest News and Top Headlines from India and around the world.
SHARE THIS ARTICLE ON
Share this article
SHARE
Story Saved
Live Score
OPEN APP
Saved Articles
Following
My Reads
Sign out
New Delhi 0C
Thursday, March 28, 2024
Start 14 Days Free Trial Subscribe Now
Follow Us On