IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.9415 of 1997 KOSHORI PASWAN, son of Shri Parsadi Paswan, resident of village – Dharhara, P S – Dharhara, District – Munger. _____ Petitioner Versus 1. THE STATE OF BIHAR through the Chief Secretary, Government of Bihar, Patna. 2. Director General cum Inspector General of Police, Bihar, Patna. 3. DIG of Police, BMP 14, Patna. 4. Commandant, B.M.P.14, Patna. ______ Respondents ----------- 04. 7.9.2010 The order of dismissal has come to be passed against the petitioner after a finding was recorded in a disciplinary proceeding that the petitioner had married one Renu Devi during the life time of his first wife Bina Devi. This was found to be in breach of the service rules which governed the petitioner. There is an embargo, after coming of the Hindu Marriage Act, for a person to marry a second time, coupled with the fact that even service rules do not permit a person to marry a second time during the life time of the first wife. Counsel for the petitioner brings to my notice an order passed in the case of one Gopal Paswan by the erstwhile Commandant of BMP-2 at Dehri, who in similar circumstance was let off with relatively lighter punishment instead of dismissal. What was the circumstance under which such an order has come to be passed and the validity of such an order having been passed, cannot be judged by this Court in isolation. This Court is convinced about the correctness of the punishment order which has come to visit the petitioner in the background of the findings recorded in the enquiry. The Court is not willing to interfere with the orders which 2 have been passed by the disciplinary authority, appellate authority as well as by the Director General cum Inspector General in memorial. Since Annexure-7 has not been passed in conformity with the service rules, an illegal order cannot be made the touchstone for allowing the writ. The writ application is dismissed. rkp ( Ajay Kumar Tripathi, J.)