Andhra Pradesh High Court Upholds Compulsory Retirement for CISF Constable's Bigamous Marriage

Court Reverses Single Judge's Leniency, Reinforces Discipline in Armed Forces

In a significant ruling, the Andhra Pradesh High Court has upheld the compulsory retirement of a CISF constable, Kudipudi Suri Babu, for contracting a bigamous marriage during the subsistence of his first marriage. The Division Bench comprising Justices Battu Devanand and A. Hari Haranadha Sarma overturned the lenient stance taken by the Single Judge, reinforcing the importance of discipline within the paramilitary forces.

The constable was found guilty of marrying Mahila Constable Prameela Pativada while still being legally married to K. Nagalakshmi, thus violating Rule 21 of the Central Civil Services (Conduct) Rules, 1964, and Rule 18(b) of CISF Rules, 2001. The disciplinary authority initially imposed the penalty of compulsory retirement with 2/3rd gratuity, which was contested by Suri Babu, arguing that his family pressures led him to marry Nagalakshmi.

The Single Judge had remanded the matter to the disciplinary authority, suggesting a penalty less severe than compulsory retirement, citing the impact on the constable's dependents. However, the Division Bench emphasized that opting for a second marriage during the subsistence of the first is a grave misconduct warranting stern action. The court noted that such indiscipline could have serious adverse effects on the paramilitary establishment's integrity and discipline.

The Division Bench drew from precedents, including the Supreme Court's guidance on judicial review and disciplinary actions, asserting that interference in the quantum of punishment is warranted only when it shocks the court's conscience. The court observed that the punishment was proportionate to the misconduct committed, given the voluntary nature of Suri Babu's actions and the lack of criminal prosecution.

The judgment underscores the principle that discipline within armed forces cannot be compromised, and leniency in cases of gross misconduct could set a detrimental precedent. Consequently, the appellate and revisional authorities' decisions were reinstated, confirming the constable's compulsory retirement.

Bottom Line:

Service Law - Bigamous marriage during subsistence of first marriage by a member of disciplined force is a grave misconduct under the Central Civil Services (Conduct) Rules, 1964 and CISF Rules, 2001, warranting punishment of compulsory retirement.

Statutory provision(s): Central Civil Services (Conduct) Rules, 1964 Rule 21, CISF Rules, 2001 Rule 18(b)

The court's decision is a reminder of the stringent standards expected of members of disciplined forces, upholding that personal misconduct such as bigamy not only contravenes service rules but also undermines the moral fabric necessary for maintaining discipline and order within the armed services.

Director General v. Kudipudi Suri Babu, (Andhra Pradesh)(DB) : Law Finder Doc Id # 2812473