# Cooch Behar Police Constable v. State of West Bengal and Others

HTML version: [https://datalibertarian.in/babuwatch/incident/CW-1996-0015](https://datalibertarian.in/babuwatch/incident/CW-1996-0015)

## Report card

By judgment dated 4 July 1996 in Appeal No. 1136 of 1990 (arising from C.R. No. 3878(W) of 1983), the Calcutta High Court (Coram: Satyabrata Sinha, Satya Narayan Chakraborty, JJ.) upheld the disciplinary action taken against the Constable, DAP, Cooch Behar.

- Register number: WB 63 CW 0001
- Case reference: Appeal No. 1136 of 1990 (arising from C.R. No. 3878(W) of 1983) / (1998) 1 DMC 450
- Court and date: Calcutta High Court (Coram: Satyabrata Sinha, Satya Narayan Chakraborty, JJ.), 4 July 1996
- Officer(s) at the material time: Constable, DAP, Cooch Behar
- Present service status: Recorded in the cited sources as dismissed from service.
- Provisions invoked: Section 494 of the Indian Penal Code, 1860; Rule 30 of the WB Government Servants Conduct Rules, 1959; Rule 5(4) of the WB Government Services (Duties, Rights and Obligations) Rules, 1980
- Finding of the Court (extract): “As noticed hereinbefore, the appellant in his written statement categorically admitted the misconduct committed by him. His only defence was that he married Smt. Sefali De Chowdhury with the written consent of his first wife. It is not in dispute …” (at para 9)
- Verdict, sentence and quantum: Disciplinary action upheld. Sentence: dismissal.
- Present status of the proceedings: No further proceedings are recorded in the cited sources; the judgment is the concluded position shown.
- Source orders: [Judgment / order (primary source)](https://indiankanoon.org/doc/1820615/); [Permanent link to this record](https://datalibertarian.in/babuwatch/incident/CW-1996-0015)

**Record:** CW-1996-0015 (compiler id CWC-1148); case GAP3-28-001
**Title:** Cooch Behar Police Constable v. State of West Bengal and Others
**Court:** Calcutta High Court; judges: Satyabrata Sinha; Satya Narayan Chakraborty
**Case number / citation:** Appeal No. 1136 of 1990 (arising from C.R. No. 3878(W) of 1983) / (1998) 1 DMC 450
**Judgment:** 1996-07-04 (1996, day precision)
**Incident date:** 1980-01-01 (1980)
**Place:** Cooch Behar, West Bengal; city town: Cooch Behar; police station or unit: DAP, Cooch Behar; force: state_police
**Category:** Other misconduct
**Sub-category:** other
**Outcome:** Disciplinary action upheld (disciplinary_upheld)
**Sections:** IPC 494; WB Government Servants Conduct Rules 1959 r.30; WB Government Services (Duties, Rights and Obligations) Rules 1980 r.5(4)
**Officers (gated display forms):** Constable, DAP, Cooch Behar (1 in record)
**Victims:** Not stated (0 in record)
**Sentence / compensation:** dismissal
**Sentence type:** dismissal (dismissal)

Constable of DAP Cooch Behar was charge-sheeted on 22 April 1980 for contracting a second marriage during his first wife's lifetime, and dismissed from service on 30 April 1981. In his written defence he stated he had remarried with his first wife's written consent, which the court treated as an admission of the charge. The Division Bench held the admitted bigamy was both an offence under section 494 IPC and misconduct, that a fact admitted need not be proved, and that wrong mentioning of the conduct rule caused no prejudice. It dismissed the appeal against the Single Judge's rejection of his writ, leaving the dismissal intact.

> As noticed hereinbefore, the appellant in his written statement categorically admitted the misconduct committed by him. His only defence was that he married Smt. Sefali De Chowdhury with the written consent of his first wife. It is not in dispute that in terms of the provision of Section 494 of IPC, Bigamy is a penal offence as well as in terms of the provision of the W.B. Government Servant Conduct Rules no employee is permitted to commit misconduct or a penal offence with the consent of any other person.

**Sources (2):** [indiankanoon.org](https://indiankanoon.org/doc/1820615/); [casemine.com](https://www.casemine.com/judgement/in/56095fcfe4b01497112cb31b)
**Verification:** V2 · Externally reported
**Review:** Solo Staff combined review (one combined attestation) — not yet recorded
**admin category:** misconduct
**admin subcategory:** other
**allegations:** {'category': 'Other', 'primary': True, 'position': 'Material fact supported', 'position_explainer': 'Reliable material supports a specifically documented fact relevant to that allegation, not necessarily the full allegation, causation, intent, unlawfulness, or responsibility.', 'official_finding_relation': 'supports allegation'}
**anonymised:** False
**court quote para:** 9
**display title redacted:** Cooch Behar Police Constable v. State of West Bengal and Others
**followup history:** {'date': '2026-09-19', 'scope': 'Round-8 full re-verification: published record re-checked against the judgment text (outcome, officers, quote, key facts) plus methodology-compliance pass', 'method': 'skills-guided adversarial re-verification of the published record against the judgment text (reverify/t1-*/adversarial-8.jsonl)', 'result': 'holds', 'corrections_applied': \[\]}
**followup status:** checked
**institutional response:** {'date': '1996-07-04', 'action_type': 'Order issued', 'status': 'Concluded', 'authority': 'Calcutta High Court', 'independence': 'External', 'legal_effect': 'Binding', 'description': 'The Calcutta High Court upheld service punishment imposed on police personnel.', 'disposition': 'Disciplinary action · Procedural only', 'source': '(1998) 1 DMC 450', 'recheck': 'Not yet re-checked.'}
**last checked:** 2026-09-19
**link checked per url:** {'url': 'https://indiankanoon.org/doc/1820615/', 'link_checked': None}; {'url': 'https://www.casemine.com/judgement/in/56095fcfe4b01497112cb31b', 'link_checked': None}
**retracted:** {"is_retracted": false}
**service:** police
**source assessment:** {"established": null, "basis": null}
**status:** current
**subcategory display:** other
**tier:** Tier A — Externally reported or officially recorded
**tier badge:** Externally reported
**tier history:** Tier A — Externally reported or officially recorded
**verdict:** accept
**verdict note:** Calcutta HC Division Bench dismissed the constable's appeal; dismissal for admitted bigamy (IPC 494 offence and conduct-rule misconduct) stands.
**verification badge:** V2 · Externally reported
**verification status:** V2
**watch:** babuwatch

Status: Disciplinary action upheld.

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