Cannot dismiss jawan just because of second marriage rumours: HC

Kolkata: The Calcutta High Court on March 19 reinstated a CRPF personnel from Karnataka, posted in West Midnapore, who was dismissed for allegedly contracting a second marriage, stating his dismissal was purely "on the basis of hearsay and suspicion". It was observed that continuation of proceedings would cause the personnel not only professional but also personal and emotional hardship.Justice Ajay Kumar Gupta acknowledged that the court did not sit as an appellate authority when exercising judicial review over disciplinary action but could interfere when the findings were "perverse, based on no evidence, or in violation of settled principles of law".The Karnataka man, serving as a CRPF constable for 24 years, was accused of eloping with a Tripura woman and marrying her in 2001 while he had a wife. Contracting a second marriage violates CRPF rules and conduct rules. He was posted with 165 Battalion, CRPF Tangasole, West Midnapore, when he was dismissed on June 11, 2020. But the constable claimed he had only one wife, whom he married in 1997, and the allegation arose due to mistaken identity and incorrect entries.He appealed before the deputy IGP, CRPF, Range Yalahanka in Bangalore, which was rejected on Sept 29, 2020. A revisional application was rejected on March 5, 2021. He filed a second appeal before a different authority, but that plea was also rejected on Oct 6, 2021. He then moved the Calcutta High Court.The man was also accused of submitting a fraudulent hostel subsidy. As he was already punished for it, the HC said he could not be punished twice for a crime.It was submitted that no criminal proceedings for bigamy were initiated against him. The HC noted while holding the constable guilty of second marriage, the departmental proceedings only relied on hearsay statements and police reports, without any independent corroboration or proof of the essential ingredients of a valid marriage. "Such evidence, in the opinion of this court, falls short even of the standard required in departmental proceedings," Justice Gupta said.