Terming it a gross misconduct that is “most unbecoming of a member of a disciplined force”, the Delhi High Court has upheld the dismissal of a Delhi Police head constable for entering into a second marriage without divorcing his first wife.
A Bench of Justice Rekha Palli and Justice Hima Kohli refused to entertain the plea of the man challenging his dismissal from service for entering into a second marriage with a woman constable without seeking legal divorce from his first wife, a head constable.
The man had urged the HC that even if the charge of entering into a second marriage was proved the penalty imposed on him was ‘extremely harsh’. He said that the ‘extreme punishment’ of dismissal ought to be inflicted only on a grave misconduct and not in a case involving charges of bigamy.
Dinesh Kumar entered the Delhi Police as a constable in 1987. Two years later he was promoted to head constable. He had solemnised his first marriage with a fellow head constable in 1989. A male child was born out of this wedlock in 1990.
He then went on to marry another fellow woman constable in 1996 without seeking legal divorce from his first wife.
A departmental enquiry was initiated against him by the force, which found him guilty of bigamy and dismissed him from service in 1998. The Delhi Police had said that bigamy was a misconduct under Rule 21(2) of the Conduct Rules.
Challenged order
Kumar went on to challenge the penalty order and argued that the ‘quantum of punishment’ given to him was not proportionate to the offence. He said that the misconduct of bigamy had nothing to do with the discharge of official duties.
But his appeal against his dismissal was rejected by the Disciplinary Authority of the force and later by the Central Administrative Tribunal. Finally, he moved the High Court last year.
‘Most unbecoming’
“We are of the view that the misconduct committed by the petitioner is most unbecoming of a member of a disciplined force,” the court stated while dismissing his plea.
