New Delhi: The Supreme Court on Friday upheld the dismissal of a CISF (Central Industrial Security Force) personnel who entered into a second marriage while his first marriage was still valid. The apex court overturned the Guwahati High Court’s order that had directed the disciplinary authority to impose a lesser punishment. The bench, comprising Justices Sanjay Karol and Vipul M. Pancholi, emphasized that service rules are designed to maintain discipline and public trust, and violations cannot be excused due to inconvenience or undesirable outcomes.
Background: Complaint by First Wife
The case relates to a CISF constable recruited in 2006. In July 2016, his first wife submitted a written complaint to the department stating that her husband had married again in March 2016 while still married to her. Following departmental investigation, the disciplinary authorities found this to be a violation of service rules and terminated his employment.
The matter subsequently went to the High Court, where a single-judge bench held that instead of dismissal, the personnel could be removed from duty for a lesser period, and sent the matter back to the disciplinary authority. The authority then approached the division bench to determine the appropriate punishment.
Supreme Court Observations
In hearing the appeal, the Supreme Court referred to service regulations, including the conditions of recruitment and grounds for disqualification of force personnel. The bench noted: “It is important to recognize that these rules are institutional requirements to maintain discipline, public trust, and the highest standards of integrity for all members of the force.”
The court clarified that these rules are not based on moral censure but constitute conditions of service fully within the employer’s jurisdiction, provided they are not arbitrary, inconsistent, or violative of constitutional safeguards. No party contested that the High Court or subsequent proceedings violated law or due process.
Judicial Principles Applied
The bench observed: “It has long been recognized that under Article 226, courts exercise judicial review powers and are not appellate courts. They cannot alter or substitute punishment unless there is evidence of substantial non-compliance with the rules.” The court noted that in this case, the provisions are clear, and there is no ambiguity in the language of the clauses.
The Supreme Court also highlighted the principle expressed in the legal maxim “dura lex sed lex”—the law is harsh, but it is the law. The CISF personnel’s dismissal, issued by the senior commandant on July 1, 2017, was therefore upheld, as he had contravened service rules by contracting a second marriage while still married to his first wife.
Implications for Service Discipline
The verdict reinforces that service conditions are binding, and violation can attract stringent disciplinary action to maintain integrity and public confidence in uniformed forces. The judgment underscores that personal actions of force personnel are subject to service regulations, and breaches cannot be condoned, even if there is no criminal proceeding.
This ruling is significant in reaffirming institutional discipline in the armed and paramilitary forces and sets a precedent for similar cases involving service rule violations.
