The Allahabad High Court has set aside the dismissal of Sashastra Seema Bal officer Rohit Pandey and ordered his immediate reinstatement, holding that an Arya Samaj marriage certificate by itself cannot establish a valid Hindu marriage unless the statutory ceremonies were performed.
Justice Rajeev Singh quashed the paramilitary force’s April 28, 2022 removal order, directing authorities to allow Pandey to resume duty forthwith. The court ruled that the intervening period between his dismissal and the judgment will be treated under the principle of “no work, no pay,” but specified that it will not constitute a break in his service.
Absence Of Essential Ceremonies
In its decision, the court observed that placing an Arya Samaj temple certificate on record is insufficient to demonstrate that a marriage was solemnised in accordance with the Hindu Marriage Act. Referring to the Supreme Court’s 1971 ruling in Priya Bala Ghosh vs Suresh Chandra Ghosh, which established the necessity of performing essential ceremonies for a valid Hindu union, Justice Singh held that an unsolemnised relationship cannot be recognised as a marriage in the eyes of the law.
The bench concluded that without proof of the mandatory rites, the alleged union could not serve as a valid legal basis to declare Pandey unsuitable for service or to terminate his employment.
Dispute Over Marital Declaration
The disciplinary proceedings against Pandey began after a complainant, Sucheta Tiwari, alleged that she had married him at an Arya Samaj temple in August 2007.
Acting on her complaint, the SSB concluded that Pandey had made a fraudulent declaration regarding his marital status when he stated he was unmarried at the time of entering the force. On that ground, the authorities issued the order terminating his service.
Conflicting Statements And Evidence
During the departmental proceedings, the SSB had relied on Tiwari’s statements, notary certificates, and the testimony of a temple priest who claimed the wedding took place in his presence.
Pandey challenged the findings, maintaining that no valid marriage had occurred and that there was no proof showing the execution of required Hindu rites. He cited Tiwari’s own testimony from a separate, related criminal trial, in which she admitted that the union was not solemnised according to Hindu rituals.
Taking note of Tiwari’s court admission regarding the lack of prescribed ceremonies, the High Court held that the purported 2007 marriage lacked legal standing, invalidating the grounds for Pandey’s dismissal.
