Srinagar, Sept 30, KDC: A Special Mobile Magistrate/PT&E Court in Srinagar has directed the Commissioner Secretary, Horticulture Department, to examine an allegation that a government employee contracted a second marriage while his first wife was living, allegedly without obtaining prior permission under the applicable service conduct rules.
The direction was issued by Special Mobile Magistrate Massarat Jabeen while disposing of an application under the Protection of Women from Domestic Violence Act, 2005, filed by Sheema Iqbal against her husband, Iqbal Ahmad Wafai. The petitioner was represented by Advocate Naveed Gull.
The court took note of a report submitted by the implementing agency, according to which the respondent had allegedly denied the petitioner access to the shared accommodation, claiming that he had remarried and was residing there with his second wife.
The Magistrate directed that a copy of the judgment, along with the implementing agency’s report and other relevant material concerning the alleged second marriage, be forwarded to the Commissioner Secretary, Horticulture Department, for examination under the applicable service conduct rules.
The court specifically directed the competent authority to examine whether the respondent, being a government employee and having a wife living, had contracted another marriage without obtaining prior permission as contemplated under Rule 22 of the Jammu and Kashmir Government Employees (Conduct Rules), 1971.
However, the court clarified that the direction should not be treated as a finding of misconduct. The competent authority was directed to examine the relevant records and provide the respondent an opportunity of being heard before determining whether any violation of the service rules had occurred.
The court further observed that if sufficient grounds were found, departmental proceedings could be initiated in accordance with law.
The Magistrate also clarified that the judgment did not constitute a final adjudication on the validity of the alleged second marriage or questions arising under the applicable personal law, leaving such issues open for determination by the competent forum, if raised. (KDC)
