Patna High Court
Gudiya KumariversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- NANI TAGIA
Holding
The dismissal was disproportionate and is set aside, with liberty to the disciplinary authority to impose a punishment other than dismissal.
Summary
Gudiya Kumari, a lady constable in the Bihar Women Military Police, was dismissed from service on the ground that she entered into a second marriage while her first husband was alive and without a divorce decree. The dismissal was effected under Rule 23 of the Bihar Government Servants’ Conduct Rules, 1976 and Rule 707(A) of the Bihar Police Manual, 1978. She filed a writ petition challenging the dismissal, relying on a prior Patna High Court decision (CWJC No. 3715 of 1998) where a similar dismissal was held disproportionate. The Court examined whether dismissal was a proportionate punishment for the alleged misconduct. Finding the dismissal excessive, the Court set aside the orders dated 09‑09‑2019, 17‑12‑2019 and 18‑01‑2021 and directed the disciplinary authority to pass a fresh punishment other than dismissal. The writ petition was disposed with this direction.
Issues considered
- Whether dismissal of a police constable for entering into a second marriage without a divorce decree is a proportionate punishment under the Bihar Government Servants’ Conduct Rules, 1976 and the Bihar Police Manual, 1978.
- Whether the earlier decision of this Court in CWJC No. 3715 of 1998 is binding on the present case.
Legislation cited
- Bihar Government Servants’ Conduct Rules, 1976 — s. Rule 23
- Bihar Police Manual, 1978 — s. Rule 707(A)
Subjects
- service law
- dismissal
- police personnel
- second marriage
- proportionality
- disciplinary action
- Bihar Government Servants’ Conduct Rules
- Bihar Police Manual
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.9499 of 2021
======================================================
Gudiya Kumari daughter of Pano Paswan Resident of Village- Purani Bazr
Shakarwar Tola Ward No-14, Mokama, PS- Mokama, District- Patna
... ... Petitioner/s
Versus
1. The State of Bihar through the Chief Secretary, Govt. of Bihar, Patna.
2. D.G. of Police, Bihar, Patna.
3. D.I.G Military Police (Kendriya Mandal Patna)
4. Commandant Mahila Sashastra Wahini, Sasharam.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ebrahim Kabir, Advocate
Ms. Shruti Sinha, Advocate
For the Respondent/s : Mr. Md. Irshad, AC to SC-1
======================================================
CORAM: HONOURABLE MR. JUSTICE NANI TAGIA
ORAL ORDER
8 13-05-2026 Heard Mr. Ebrahim Kabir, learned counsel for the
petitioner and Md. Irshad, learned counsel for the State.
2. This writ petition has been filed by the petitioner
who was working as a lady Constable in Bihar Women Military
Police challenging the order dated 09.09.2019 issued by
Commandant Mahila Sashatra Wahini, Sasharam vide Memo
No. 219/Go (annexure-4 to the writ petition), order dated
17.12.2019 issued by the DIG, Military Police (Kendriya
Mandal) Patna vide Memo No. 1626/Ra.Ka. (annexure-6 to the
writ petition) and order dated 18.01.2021 issued by the DG of
Police Bihar Patna vide Memo No. 09/P-05 (annexure-7 to the
Patna High Court CWJC No.9499 of 2021(8) dt.13-05-2026
2/3
writ petition) whereby the petitioner’s service has been
dismissed on the ground that at the time of her appointment, she
was married and while in service she contacted another marriage
while the first husband was alive and without decree of divorce
obtained against the first husband.
3. The aforenoted impugned order dismissing the
service of the petitioner has been passed per Rule 23 of the
Bihar Government Servants’ Conduct Rules, 1976 as well as
Rule 707(A) of the Bihar Police Manual, 1978.
4. The State has contested the case by filing a counter
affidavit wherein, it has been stated that the petitioner has been
dismissed from service on account of her contacting the second
marriage while in service, while the first husband of the
petitioner was alive and with decree of divorce obtained against
the first husband.
5. Learned counsel for the petitioner has relied upon a
decision of this Court passed in CWJC No. 3715 of 1998
wherein, in a some what similar circumstances, the dismissal of
the petitioner therein for contacting second marriage was held to
be disproportionate.
6. It is noticed that the petitioner in the aforenoted
writ petition was also a police personnel of Bihar Police.
Patna High Court CWJC No.9499 of 2021(8) dt.13-05-2026
3/3
7. Since a Co-ordinate Bench of this Court in a very
similar factual situation has held that dismissal of an employee
from service for contacting a second marriage, while the first
marriage subsists to be a disproportionate one, this writ petition
shall also stand disposed off by setting aside the impugned order
of dismissal dated 09.09.2019 issued by Commandant Mahila
Sashatra Wahini, Sasharam vide Memo No. 219/Go (annexure-4
to the writ petition), order dated 17.12.2019 issued by the DIG,
Military Police (Kendriya Mandal) Patna vide Memo No.
1626/Ra.Ka. (annexure-6 to the writ petition) and order dated
18.01.2021 issued by the DG of Police Bihar Patna vide Memo
No. 09/P-05 (annexure-7 to the writ petition) with a liberty
granted to the disciplinary authority of the petitioner to pass a
fresh order of punishment, in accordance with law, other than
dismissal.
8. The writ petition is disposed off with the above
direction.
(Nani Tagia, J)
Nishant/-
U
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