New Delhi: The Supreme Court has refused
to entertain the petition of a dismissed Muslim employee of
Rajasthan Police whose service was terminated 22 years ago for
contracting second marriage in contravention of the service
rule.
A Bench headed Justice V S Sirpurkar dismissed the
appeal filed by Liyakat Ali Khan challenging the Rajasthan
High Court's judgement upholding the state government's
decision to terminate his service.
Liyakat, while remaining in the service, had
contracted second marriage without divorcing his first wife.
The Rajasthan Civil Services (conduct) Rule, 1971
allows a civil servant to contract second marriage either
after divorcing his first living wife or on prior permission
from the government.
After disciplinary committee had found him guilty of
violating the rules, his service was terminated by the
government.
Liyakat had challenged his termination order before
the Jaipur High Court on the ground that he had obtained the
divorce under the Muslim personal law from his first wife.
Aggrieved by the order of the High Court, Liyakat
approached the apex court almost 22 years later in 2008.
Liyakat had also sought quashing of the disciplinary
proceedings on the ground that he was not given the
opportunity to be heard.
PTI
First Published: Tuesday, February 02, 2010, 19:14