Allahabad High Court Says Unauthorised Second Marriage Can Attract Major Service Penalty

The Allahabad High Court held that a Uttar Pradesh government servant who contracts a second marriage without required permission may face a major disciplinary penalty.

Background

The case concerned Rule 29 of the U.P. Government Servants’ Conduct Rules, 1956 and the claim that the sanction for breach was limited to withholding increments.

Legal issue and reasoning

Justice Manish Kumar Nigam explained that the earlier sub-rule prescribing a minimum penalty had been removed, leaving the appointing authority to select a lawful punishment in light of the circumstances. The ruling concerns service misconduct, not automatic criminal guilt.

Outcome and next step

The competent disciplinary authority may impose a proportionate major penalty where the breach is established.