1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 8002 OF 2008 Shri Balu Kavadu Bulkunde. ... ... Petitioner. Versus The Union of India & Ors. ... ... Respondents. Mr. V. D. Raut for the Petitioner. Mr. Y. S. Bhate for Respondent Nos.1 and 2. CORAM : D. D. SINHA and A. A. SAYED, JJ. DATED : 19TH JANUARY, 2010. P. C.: Heard learned Counsel appearing for the parties. 2. This writ petition is directed against the order dated 28th November, 2005 passed by the Lieutenant General Officer, Commanding-in-Chief, Head Quarters, Northern Command, whereby the petitioner came to be discharged from service. 3. Learned Counsel for the petitioner has submitted that though the petitioner, who was serving as Sepoy in the Army, gave a statement that he has contracted plural marriage, however, except the bare statement of the petitioner the respondents did not collect any evidence in this regard and 2 in the absence of any independent evidence to support the fact that the petitioner has contracted plural marriage the conclusion arrived at by the Disciplinary Authority in this regard is not sustainable in law. 4. Learned Counsel for the petitioner further contended that during the course of the Departmental Enquiry, the petitioner was not given proper opportunity to defend his case since the copies of the statement relied on by the Disciplinary Authority were not supplied to the petitioner. It is contended that the procedure adopted by the Disciplinary Authority was violative of principles of natural justice and therefore cannot be sustained in law. It is further contended that the same was also not as per paragraph 333(C)(c) of the Regulation of the Army Act, 1987. It is, therefore, contended that the order impugned is unjust, illegal and is unsustainable in law. 5. Learned Counsel for respondent Nos.1 and 2 on the other hand supported the impugned order and has contended that in the instant case the petitioner himself in no uncertain terms has admitted in writing that he has contracted plural marriage which is in contravention of paragraph 333 of the Regulation of the Army Act, 1987. It is further submitted by him that the petitioner was given reasonable opportunity of hearing and respondents have followed the principles of natural justice. It is further 3 contended that independent inquiry was also conducted by the respondents which has also supported the fact of plural marriage contracted by the petitioner. It is, therefore, submitted by the learned Counsel for respondent Nos.1 and 2 that apart from the fact of admission of the petitioner about plural marriage the Disciplinary Authority had taken into consideration the other corroborative materials and it was thereafter found that the act of the petitioner was in violation of paragraph 333(C)(c) of the Regulation of the Army Act, 1987 and therefore discharged the petitioner from service. 6. We have considered the contentions canvassed by the learned Counsel for the petitioner as well as the learned Counsel for the respondents. 7. In the instant case, it is not in dispute that the petitioner has admitted in writing the fact of contracting plural marriage in so many words. It is not the case of the petitioner that this admission was extracted from the petitioner by the respondents either under duress or by exercising pressure or under coercion. In absence therefore, it is evident that it was a voluntary admission given by the petitioner in writing which was accepted by the respondents. If the petitioner himself voluntarily admits contracting plural marriage, in such situation it is difficult to brush aside said fact 4 merely because of some minor procedural short comings. 8. Clause 333 of the Regulation provides procedure for taking disciplinary action where regular court marshal proceedings are not necessary. Considering the procedure prescribed the action taken by the respondents appears to be consistent with the scheme of the clause. 9. Hence no case made out for interference. Writ Petition is, accordingly, dismissed. Sd/- (D. D. SINHA, J.) Sd/- (A. A. SAYED, J.)