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  • Section 29 of U.P Government Servant Conduct Rules, 1956
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  • Section 29 of U.P Government Servant Conduct Rules, 1956
Smart Summary

Factual and Procedural Background

The petitioner was dismissed from service following a departmental finding that he violated Section 29 of the U.P Government Servant Conduct Rules, 1956, by entering into a second marriage during the lifetime of his first wife. The petitioner challenged this dismissal on the ground that he had divorced his first wife in 1999 and married the second wife in 2005, arguing that Rule 29 was therefore inapplicable. The petitioner submitted an affidavit from the first wife asserting the divorce in 1999. However, the first wife (respondent no. 5) and respondent no. 4 filed a counter affidavit denying the divorce and alleging fabrication of the affidavit supporting the divorce claim. The petitioner’s own statement before the enquiry officer admitted cohabitation with both wives. The departmental authorities disbelieved the petitioner’s defense and found him guilty of bigamy, resulting in dismissal. The petitioner challenged the punishment as disproportionate before the Court.

Legal Issues Presented

  1. Whether the petitioner’s second marriage constituted a violation of Section 29 of the U.P Government Servant Conduct Rules, 1956, given the dispute over the validity of the alleged divorce from the first wife.
  2. Whether the punishment of dismissal imposed on the petitioner was disproportionate and subject to judicial review under Article 226 of the Constitution of India.

Arguments of the Parties

Petitioner’s Arguments

  • The petitioner claimed that he divorced his first wife in 1999 and subsequently married the second wife in 2005, thus not violating Rule 29.
  • He relied on an affidavit from the first wife confirming the divorce.
  • The petitioner asserted that under Mohammadan law, a husband is permitted to perform a second marriage, and he was under the impression, based on ill advice, that he was not committing misconduct.
  • He contended that his statement before the enquiry officer admitting cohabitation with both wives was made under pressure and ill advice.
  • He alleged that the affidavit opposing the divorce was filed by respondent no. 4 without proper authority and was motivated by harassment and extortion.

Respondents’ Arguments

  • Respondent no. 5 denied the divorce and stated that the petitioner has not divorced her till date.
  • They produced the petitioner’s statement before the enquiry officer admitting that both wives were living together and that he was ready to keep the first wife with him.
  • They alleged that the petitioner obtained the affidavit claiming divorce by misrepresentation and manipulation.
  • Respondent no. 5 filed a subsequent affidavit declaring the earlier affidavit claiming divorce to be fabricated.

Table of Precedents Cited

Precedent Rule or Principle Cited For Application by the Court
Chairman and M.D Bharat Petroleum Corporation Ltd. v. T.K Raju, (2006) 3 SCC 143 Judicial restraint in interference with quantum of punishment in disciplinary matters The Court cited this to emphasize that interference with punishment should not be routine but limited to exceptional cases.
V. Ramanna v. APSRTC, (2001) 5 ALD 427 Scope of judicial review on punishment quantum Referenced to support limited judicial interference in punishment matters.
State of Rajasthan v. Mohammad Ayub Naz, JT 2006 (1) SC 162 Judicial review of disciplinary punishment Reinforced the principle of limited interference with punishment quantum.
Union Territory of Dadra and Nagar Haveli v. Gulabhia M. Lad, (2010) 5 SCC 775 Limited scope of High Court interference in punishment under Article 226 Quoted to show that High Courts should not interfere unless punishment shocks the conscience.
Charanjit Lamba v. Commanding Officer, Southern Command, (2010) 11 SCC 314 (AIR 2010 SC 2462) Judicial review limited to punishment outrageously disproportionate to charges Applied to affirm that courts do not substitute their judgment for disciplinary authorities except in extreme cases.
Veerpal Singh v. Senior Superintendent Of Police, Agra & Ors., 2006 (5) ADJ 318 Limits on judicial interference in punishment for misconduct such as bigamy Used to support the conclusion that dismissal for bigamy is not arbitrary or disproportionate.

Court's Reasoning and Analysis

The Court analyzed the petitioner’s claim of divorce and second marriage against the counter-affidavits and evidence, including the petitioner’s own statement before the enquiry officer admitting cohabitation with both wives. The Court found the petitioner’s defense to be disbelieved by the departmental authorities and supported by credible evidence indicating bigamy. The petitioner’s failure to inform the department of the divorce and second marriage further undermined his position. The Court held that the finding of bigamy was based on the petitioner’s own admissions and was neither perverse nor contrary to the record, thus not warranting interference.

Regarding the quantum of punishment, the Court relied on established Supreme Court precedents emphasizing judicial restraint. It noted that interference with disciplinary punishment is limited to cases where the punishment is so disproportionate as to shock the conscience. Since bigamy is a serious misconduct and the petitioner’s conduct justified dismissal, the Court found no grounds to interfere with the punishment imposed.

Holding and Implications

DISMISSED.

The Court upheld the dismissal of the petitioner on the grounds of bigamy under Section 29 of the U.P Government Servant Conduct Rules, 1956. The petitioner’s challenge to the applicability of the rule and the proportionality of the punishment was rejected. The decision directly affects the parties by affirming the disciplinary action but does not establish any new precedent or broader legal principle beyond reaffirming the limited scope of judicial review on punishment quantum.

    Khursheed Ahmad Khan Petitioner v. State Of U.P Thru Principal Secy. & Others

    Sudhir Agarwal, J.:— Petitioner has been dismissed by means of impugned order from service having been found guilty of violating Section 29 of U.P Government Servant Conduct Rules, 1956 entering in second marriage during life time of first wife. The ground of challenge is that the first marriage took place in 1980 but the petitioner divorced first wife in 1999 and, thereafter, married with second wife in 2005, hence, Rule 29 has no application.

    2. Learned counsel for petitioner drew my attention to Annexure 1 to the writ petition which is said to be an affidavit signed by petitioner's first wife, i.e, respondent no. 5 stating that divorce took place in the year 1999.

    3. Respondent no. 5 herself along with respondent no. 4 has filed a counter affidavit before this Court wherein para 5, while denying averments made in para 4, 5 and 6 of writ petition, she has said as under:

    “5. That Paragraph No. 4, 5 and 6 of the writ Petition are incorrect, baseless hence denied and in reply thereof, it is submitted that the petitioner has not divorced the respondent no. 5 till date and this fact has clearly been admitted in his statement before the Enquiry Officer on dated 03/12/2006, and has stated that both the wives are living together happily and he is ready to keep Smt. Sahiha Begum with him. The copy of the statement dated 03/12/2006 of the petitioner is being filed herewith and is marked as Annexure No. C.A.1 to this affidavit. It is further submitted that on the legal advise of the counsel, petitioner came to Sambhal and brought Smt. Sahiba Begum at Meerut where he obtained the Photograph and Signature on blank papers and petitioner got manipulated a Notary affidavit showing therein the divorce on 19/01/99, after coming into the knowledge the aforesaid act of the petitioner, regarding divorce vide affidavit dated 18/09/07 Smt. Sabiha Begum filed another affidavit on dated 04/04/2008 before Superintending Engineer, Tube Well, Moradabad clearly mentioning therein that the affidavit dated 18/09/2007 was a fabricated one and the signature on it was obtained by the petitioner by mis-representation.”

    4. The Statement of petitioner dated 3.12.2006, copy whereof has been filed as Annexure CA-1, reads as under:

    5. Moreover, in reply to a question as to why he married again, petitioner said that second marriage took place with the consent of first wife. Petitioner has not disputed the above statement, but has tried to explain the same in paras 5 and 6 of his rejoinder affidavit as under:

    “5. …. Since Mohammadan law permits a husband to perform second marriage, therefore, petitioner under the said impression and on account of ill advice could not informed the department, otherwise, he had not committed any misconduct.

    6. That the contents of paragraph no. 5 of the counter affidavit is incorrect and denied. It is submitted that the petitioner had already divorced the respondent no. 5 and after the divorce he had performed second marriage with Smt. Anjum Begum in the year 2000 and since then they are living happily. It is further submitted that the deponent on account of ill advise and the pressure of the officers of the department had stated before the Inquiry Officer that they are living together happily and he is ready to keep Smt. Shabiha Begum. It is further submitted that the respondent no. 5 had voluntarily given affidavit stating therein that she had been divorced by the petitioner on 19.1.1999 The said affidavit was neither obtained by mis-representation nor under duress or threat. Since Smt. Shabiha Begum was already divorced by the petitioner in the year 1999, therefore, she had given affidavit before the department on 18.9.2007 but unfortunately respondent no. 4 who is happened to be the sister of the respondent no. 5 is harassing the petitioner for the purpose of extracting money from him otherwise till date the respondent no. 5 did not file any separate reply in the aforesaid petition and even she had not signed any Vakalatnama for filing the same in the aforesaid petition. The respondent no. 4 on her own had filed counter affidavit on behalf of the respondent no. 5, therefore, no reliance can be placed on the same.”

    6. In view of above, this Court has no reason to believe the defence of petitioner which has already been disbelieved by the departmental authorities and they have found petitioner guilty. It is admitted that petitioner never informed the department about divorce of the first wife so as to remove her name from the record of department where she was nominated and also did not inform anything about second marriage. The petitioner, in my view, has rightly been held guilty of charge levelled against him. Finding of bigamy recorded by authorities concerned are based on petitioner's own admission and explanation and having not been shown perverse or contrary to record, I find no reason to interfere with such finding of fact.

    7. So far as question of disproportionate punishment is concerned, time and again, the Apex Court has considered the scope of judicial review in the matter of quantum of punishment. Such power of judicial review is limited. It cannot be done in a routine manner. In Chairman and M.D Bharat Petroleum Corporation Ltd. v. T.K Raju, (2006) 3 SCC 143 referring to earlier decisions in V. Ramanna v. APSRTC, (2001) 5 ALD 427 and State of Rajasthan v. Mohammad Ayub Naz, JT 2006 (1) SC 162, the Apex Court said that interference with the quantum of punishment should not be done in a routine manner.

    8. In Administrator, Union Territory of Dadra and Nagar Haveli v. Gulabhia M. Lad, (2010) 5 SCC 775, the court held:

    “In the matter of imposing of sentence, the scope for interference is very limited and restricted to exceptional cases. The jurisdiction of the High Court, to interfere with the quantum of punishment is limited and cannot be exercised without sufficient reasons. The High Court, although has jurisdiction in appropriate case, to consider the question in regard to the quantum of punishment, but it has a limited role to play. It is now well settled that the High Courts, in exercise of powers under Article 226, do not interfere with the quantum of punishment unless there exist sufficient reasons there for. The punishment imposed by the disciplinary authority or the appellate authority unless shocking to the conscience of the court, cannot be subjected to judicial review.”

    9. In Charanjit Lamba v. Commanding Officer, Southern Command, (2010) 11 SCC 314 : AIR 2010 SC 2462, the Court held:—

    “… the quantum of punishment in disciplinary matters is something that rests primarily with the disciplinary authority. The jurisdiction of a Writ Court or the Administrative Tribunal for that matter is limited to finding out whether the punishment is so outrageously disproportionate as to be suggestive of lack of good faith. What is clear is that while judicially reviewing an order of punishment imposed upon a delinquent employee the Writ Court would not assume the role of an appellate authority. It would not impose a lesser punishment merely because it considers the same to be more reasonable that what the disciplinary authority has imposed. It is only in cases where the punishment is so disproportionate to the gravity of charge that no reasonable person placed in the position of the disciplinary authority could have imposed such a punishment that a Writ Court may step in to interfere with the same.”

    10. In the above caution, restriction and limitation, as also the expositions of law, it is clear that the Court can have judicial review on the quantum of punishment which it is so outrageous and so excessive as to shock the conscience of a person of ordinary prudence. In my view, in the case in hand, conduct of the petitioner cannot be said so as to make punishment disproportionate to the charges proved against him. It has been held repeatedly by the Apex Court that if the quantum of punishment is found to be shocking or so disproportionate as to no person of ordinary prudence would have come to such conclusion, only then the Court may interfere and not otherwise. This Court in Veerpal Singh v. Senior Superintendent Of Police, Agra & Ors. of Police, Agra, 2006 (5) ADJ 318 has held as under:

    “Lastly the petitioner contended that the punishment is harsh and not commensurating to the offence and therefore, is liable to be set aside. Once the misconduct of the petitioner has been found proved, the scope of interference in the matter of punishment is extremely limited. It is only when the punishment imposed is so disproportionate to the act or omission constituting misconduct that it shocks the conscience of the court or a person of ordinary prudence, only then the court may interfere and not otherwise. In any country where bigamy is an offence, a government servant guilty of committing an offence cannot ask to continue in service after award of minor or lesser punishment. Therefore, I do not find any reason to hold that the punishment imposed in the present case is arbitrary or so disproportionate to the act of misconduct so so as to warrant interference by the Court in exercise of powers under Article 226 of the constitution.”

    11. No other point has been argued. I, therefore, find no reason to interfere with the impugned order.

    12. Dismissed.

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    Khursheed Ahmad Khan Petitioner v. State Of U.P Thru Principal Secy. & Others
    (Mar 1, 2011)