IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.1861 of 2007 NARESH RAM SON OF LATE SRI RAM RESIDENT OF MOHALLA BIRLA COLONY, PHULWARI, P.S. PHULWARISHARIF, DISTRICT PATNA. Versus 1. THE STATE OF BIHAR THROUGH THE SECRETARY DEPARTMENT OF FINANCE, GOVT. OF BIHAR, PATNA. 2. THE ADDITIONAL SECRETARY, DEPARTMENT OF FINANCE, GOVT. OF BIHAR, PATNA. ----------- 2 07/07/2010 Heard learned counsel for the petitioner who has challenged the order of compulsory retirement in the present writ application primarily on the ground that the order of punishment imposed against him is excessive and harsh. From perusal of the writ application the reason for such a punishment being passed against the petitioner is his indiscretion. He does not deny that he ended up marrying yet another individual while his first wife was still alive. Obviously, the petitioner neglected his first wife after the second marriage. A complaint was made by the first wife to the department claiming payment of some part of salary of the petitioner as she had to take care of herself and the children. Matter was enquired into. Allegation of the petitioner marrying a second time was established. Taking into consideration the necessary service rules petitioner was - 2 - compulsorily retired. One another submission made at the Bar by the learned counsel for the petitioner is that the so called second marriage was performed before he entered into service and if that is so, then the authorities ought not to have punished him for an act or conduct prior to entering into government service. There are two aspects of the said submission. One that the finding is otherwise. The other aspect is that otherwise under the Hindu Marriage Act petitioner does not have the privilege for a second time marriage when the first spouse is alive. In fact, he ought not to have been given any employment under the State but, obviously, this aspect was never pointed out or declared by the petitioner. Order of compulsory retirement is, to say the least, which could be passed against the petitioner since he had taken the law in his own hand. This writ application has no merit. It is dismissed. AMIN (Ajay Kumar Tripathi, J.)