Allahabad High Court stated in a judgement that a government servant would not be dismissed from service even if he remarries while the first wife is alive. The court ordered the reinstatement of an employee named Prabhat Bhatnagar who was removed for the same reason, according to a report in Live Law. The case was heard before Justice Kshitij Shailendra.
The court also noted the Uttar Pradesh government’s laws which only mention modest sanctions for such personnel. The petitioner, appointed by the Bareilly District Development Officer’s office in April 1999, reportedly appealed his dismissal at the High Court.
Petitioner’s first marriage took place on 24 November 1999. He was later accused of a second marriage to a female colleague, Anju Khandelwal by the first wife. She had presented the land records as evidence in which he had referred to the woman as his wife.
Bhatnagar’s attorney, Sanjay Kumar Om submitted, “The allegation against the petitioner was to the effect that during the subsistence of the first marriage with Anuradha Saxena, he performed a second marriage and, therefore, he committed misconduct. A charge sheet was issued to the petitioner raising the same charges. A reply was submitted by the petitioner, in which, the factum of the performance of the second marriage was denied by him.”
His promotion was halted by the department. He denied the allegations but he was removed from his position in July 2005 after being dissatisfied with the response. The department did not hear the appeal against the action whereas no measure was taken against the female coworker who was charged with tying the knot with him.
The court asserted, “Having heard learned counsel for the parties, I find that conditions of a valid Hindu marriage are narrated under Section 5 of the Hindu Marriage Act, 1955 i.e. to say that, in case, anybody alleges performance of any marriage, whether first or second, it has to be established before the Court or even administrative authorities that marriage was lawfully performed as per the provisions of law, which in the present case, is the Hindu Marriage Act, 1955.”
The court mentioned that the officers who ordered Prabhat Bhatnagar’s discharge could not provide any concrete proof of his second marriage. The court determined that the department’s findings were insufficient to support a conviction under the Hindu Marriage Act of 1955.
The judge referred to Rule No. 29 of the Uttar Pradesh Government Rules, 1956, for government servants entering into second marriages without official permission. There is a provision of punishment of 3 years, but the sentence is only delivered if there is strong evidence of a second marriage.
The termination of Prabhat Bhatnagar on the same allegation and the leniency shown to the female coworker were both questioned by the court. It instructed that the petitioner be restored with all prior financial benefits added since it deemed his removal to be unjust.
