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Patna High Court

Gudiya KumariversusThe State of Bihar

Decided
Disposal
DISPOSED

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

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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