Binod Kumar Singh v Union of India case deals with the situation when a second marriage is solemnized by a man during the existence of the first wife and the implication of such, on government employment.
CITATION:
2019 SCC OnLine Pat 2363
DATE OF JUDGEMENT:
2nd December 2019
BENCH:
Hemant Kumar Srivastava, J
FACTS OF BINOD KUMAR SINGH CASE:
- The appellant was employed as an assistant sub-inspector in C.R.P.F and has solemnized his second marriage with another constable employed in C.R.P.F.
- The second marriage took place during the sustenance of the first marriage. Because of this, the first wife filed the complaint with the authorities informing the same additionally during the inquiry. The appellant showcased some forged documents as well.
- The authority found him guilty and dismissed him from his employment.
- The appellant earlier challenged this dismissal order in the court of law, where his appeal was dismissed. He further filed for revision, where again it was dismissed.
CONTENTIONS:
- The appellant asserted that his dismissal was invalid as the authorities failed to acknowledge all the evidence on record, i.e. affidavit signed by his first wife, which stated that she herself consented to second marriage.
- The respondent contended they analysed all the evidence placed on recorded additionally the appellant had presented forged documents for which separate charges were deduced.
RATIO DECIDENDI:
The bench stated:
- Even after attaining the consent of his first wife, the appellant had no right to indulge in the second marriage.
- The appellant has showed no violation of the principle of natural justice or violation of any rules.
DECISION:
The bench on finding no merits in the case, dismissed it on the face.
Note: The appellant, in this case, filed a revision petition in the Supreme Court where again it was dismissed due to lack of merit.
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