https://indianmasterminds.com

ADVERTISEMENT
ADVERTISEMENT

Supreme Court Strengthens Service Law, Upholds CISF Constable Dismissal for Second Marriage

The Supreme Court of India upheld the dismissal of a CISF constable who married a second wife while his first marriage subsisted. The verdict reaffirmed the limited scope of judicial review in disciplinary actions within disciplined forces.
New Delhi Coal Industries Shifting
Indian Masterminds Stories

New Delhi: In a definitive judgment reinforcing service discipline and limited judicial interference in disciplinary actions, the Supreme Court of India on Friday upheld the dismissal of a Central Industrial Security Force (CISF) constable who contracted a second marriage while his first marriage was still legally subsisting. 

The top court emphasized the restricted scope of judicial review in service matters and restored disciplinary findings of the CISF authorities, overturning the High Court’s attempt to moderate the punishment. 

Background of the CISF Constable Bigamy Case

The case, titled Union of India v. Pranab Kumar Nath, arises from a disciplinary proceeding initiated against a CISF constable who joined the force in July 2006. In March 2016, the constable’s first wife filed a written complaint with CISF authorities alleging that he had entered into a second marriage during the subsistence of their first marriage and had also neglected her and their minor daughter. 

Read also: Aravalli Protection Redefined: Supreme Court Accepts Government 100m Definition Despite Environmental Panel’s Dissent

Following the complaint, a departmental inquiry was ordered under Rule 18(b) of the CISF Rules, 2001, which deemed contracting a second marriage while having a living spouse as a serious violation of service conditions and grave misconduct. 

The disciplinary officer found the charges proved, and on 1 July 2017, the Senior Commandant dismissed the constable from service. The decision was also upheld by the CISF appellate and revision authorities. 

High Court’s Intervention on CISF Constable Bigamy Case

Dissatisfied with the punishment, the constable moved the Guwahati High Court challenging the dismissal order under Article 226 of the Constitution. 

A Single Judge and later a Division Bench held that while the misconduct (second marriage) was established, the punishment of dismissal was “disproportionately harsh”, particularly given the personal hardship it might cause to the employee and his family. 

The High Court remanded the matter to the disciplinary authority with directions to impose a lesser penalty. 

Supreme Court’s Reasoning on CISF Constable Bigamy Case

1. Judicial Review Has Limits in Service Matters

A Constitution Bench of Justices Sanjay Karol and Vipul M. Pancholi allowed the appeal filed by the Union of India and held that the High Court exceeded its jurisdiction by acting as an appellate authority rather than a forum for judicial review. 

The Supreme Court clarified that judicial review in service matters is confined to examining process irregularities, violation of natural justice, absence of evidence, or a punishment that is so disproportionate that it shocks the conscience of the court. 

2. Application of “Dura Lex Sed Lex

The bench invoked the legal maxim “Dura lex sed lex” — “the law is harsh, but it is the law” — stressing that unpleasant consequences of enforcing the law cannot dilute its mandate. 

The Court noted the absence of procedural flaws, non-compliance, or ambiguity in the rules governing CISF service conditions, thus leaving no legal basis for interference. 

3. Service Discipline and Public Confidence

The Court reaffirmed that rules like Rule 18(b) are not moral censures, but legitimate service conditions intended to uphold the highest standards of discipline, integrity, and public confidence in disciplined forces. 

Even personal conduct, if it has the potential to affect discipline or organisational efficacy, can fall within the regulatory ambit. 

Read also: Rajasthan Village Naming After Individuals Case: Supreme Court Restores High Court Order, Slams State for Policy Breach


Indian Masterminds Stories
ADVERTISEMENT
ADVERTISEMENT
Related Stories
ADVERTISEMENT
ADVERTISEMENT
NEWS
Sanrakshika Divyang
CISF Empowers Families of Divyang Children with Expert Counseling Under Sanrakshika Initiative
dhami cm
Uttarakhand Cabinet to Present ₹1.11 Lakh Crore Budget, Benefits for Villages, Women, Education, and Justice
South Eastern Coalfields Limited SECL
SECL Identifies Seven Mine Dumps for Rare Earth Elements Extraction to Boost India’s Critical Minerals
npcil reactor
NPCIL Achieves Major Milestone with 1000 Fuel Channel Refuelling at KAPS-4 700 MWe PHWR
nalco
NALCO Launches IA91 Aluminium Alloy Ingot for Automotive, Electrical, and Industrial Applications
AGMUT resized
AGMUT Cadre Reshuffle: Union Home Ministry Transfers 6 IAS Officers, Including Shravan Bagaria to Goa and Ranjit Singh to Mizoram
mou
NLC India Limited Signs MoU with NPTI to Launch Power Plant Engineering Course for Youth in Tamil Nadu
award
Engineers India Limited JV RFCL CEO S. Manoharan Wins ‘CEO of the Year’ at Mumbai Business Leader Awards
ADVERTISEMENT
ADVERTISEMENT
Videos
WhatsApp Image 2026-02-23 at 12.13
Exclusive | From Ridge to River: Prajesh Kanta Jena’s Community-Led Conservation Drive at Palamau
Aruna Sharma
From Samagra to SDGs: IAS Officer Dr. Aruna Sharma Digitised Panchayats and Reimagined Inclusive Governance
Aruna Sharma IAS
How Dr. Aruna Sharma Helped Shape India’s Digital Payments Revolution
ADVERTISEMENT
UPSC Stories
Purvi Nanda IRS
She Was Told She Was ‘Ordinary’—Today She Serves the Nation as IRS Officer
Told she was “too ordinary” to crack UPSC, Purvi Nanda rose to become a 2021-batch IRS officer—proving...
WEB THUMBNAIL TEMPLATE (11)
6 Attempts, 1 Dream: How Labour Officer Priya Agrawal Became Deputy Collector
Priya Agarwal, daughter of a prasad shop owner from Birsinghpur, secured Rank 6 in MPPSC 2023 on her...
WhatsApp Image 2026-02-18 at 3.03
IAS Veer Pratap Singh Raghav: From River Crossings to the Corridors of Power
From a farmer’s home in rural Bulandshahr to securing UPSC AIR 92, IAS Veer Pratap Singh Raghav’s journey...
Social Media
One-Horned Rhino Calf
Watch: First One-Horned Rhino Calf of 2026 Takes Birth at Jaldapara National Park, IFS Officer Shares Rare Footage
A newborn one-horned rhinoceros calf was spotted at Jaldapara National Park on January 1, 2026. IFS officer...
venomous banded krait
Rare Night Encounter: IFS Officer Spots Highly Venomous Banded Krait During Forest Patrol, Internet Amazed
An IFS officer’s night patrol video of a highly venomous banded krait has gone viral, highlighting India’s...
elephant rescue Karnataka
Heroic Karnataka Elephant Rescue: How a 28-Hour “Impossible Mission” Became a Triumph of Wildlife Care, IFS Parveen Kaswan Shares Video
A trapped elephant was rescued after 28 hours in Karnataka through a massive, expertly coordinated Forest...
ADVERTISEMENT
ADVERTISEMENT
ADVERTISEMENT
Latest
Sanrakshika Divyang
CISF Empowers Families of Divyang Children with Expert Counseling Under Sanrakshika Initiative
dhami cm
Uttarakhand Cabinet to Present ₹1.11 Lakh Crore Budget, Benefits for Villages, Women, Education, and Justice
ADVERTISEMENT
ADVERTISEMENT
ADVERTISEMENT
ADVERTISEMENT
ADVERTISEMENT
ADVERTISEMENT
ADVERTISEMENT
Videos
WhatsApp Image 2026-02-23 at 12.13
Aruna Sharma
Aruna Sharma IAS
ADVERTISEMENT
ADVERTISEMENT