is dated 6th October, 2020 and the third charge-sheet is dated 24th February, 2022. The said charge-sheets are on record. The first charge-sheet dated 17th June 2020 contains two articles of charges. The first article of charge states that the petitioner, while working as Deputy Inspector General of Police, Economic Offences Wing, State Criminal Investigation Department contracted second marriage during subsistence of the first marriage while his first spouse was alive and not divorced and, thus, he violated Rule 19(2) of the All India Service (Conduct) Rules, 1968. The second charge in the charge-sheet dated 17th June 2020 is that the petitioner, while posted as Deputy Inspector General of Police, has been mentally and physically harassing, abusing and assaulting his first wife and children and compelling them to accept his second marriage. As to whether such charges may warrant minor or major penalty has to be left for consideration of the Disciplinary/Appointing Authority. It is not the function of this Court at this juncture to pre-judge the issue, however, we may note that in respect of the charges contained in the charge sheet dated 17th June 2020, the State Government was having enough material to contemplate the disciplinary proceedings and it is for the competent authority to opine as to whether the charge-sheet would result in either of the major penalties. Though we refrain from expressing our opinion as to whether the charge-sheet dated 17th June 2020 may warrant either of the major penalties, however, reference may be made to a judgment dated 19th March, 2021 rendered by a Division Bench of Delhi High Court in Writ Petition (C) No. 3613 of 2021 in the case of State of Rajasthan & Anr. vs. Pankaj Kumar Chaudhary & Ors. In the said judgment, it has been observed that ethical standards of an act of bigamy cannot always, whatever the facts may be, lead to maximum punishment of dismissal/removal of Government servant from service. Thus, an act of bigamy indulged into by a Government employee, if is subject-matter of disciplinary proceedings, may lead to maximum punishment of dismissal or removal or may not result in maximum punishment. Opinion in this regard has to be formed by the competent authority and therefore, we refrain ourselves from giving any such finding on the issue as to whether the charges on the basis of which the disciplinary proceedings were contemplated against the petitioner at the relevant point of time would or would not result in any of the major penalties.
