Bigamy registered under special marriage act

This query is : Resolved 
 

(Querist)
14 June 2019

Whether the act of bigamy by a public without any Hindu rituals but registered under Special Marriage Act could end in dismissal of the public servant, if proved in disciplinary proceeding? Any safe guard to the dismissed employee or ruling of SC in such cases?


K Rajasekharan (Expert)
14 June 2019

It can end up in dismissal. Normally there may not be any court ruling in support of such an employee patently violating the service and other laws in the country.

kavksatyanarayana (Expert)
14 June 2019

Dear querist, after completion of enquiry, the Disciplinary Authority shall take necessary action basing on the finding of Inquiry Officer as per CCS Rules.

Dr J C Vashista (Expert)
15 June 2019

CCS CCA (Conduct and Disciple) Rules forbid bigamy.

Sudhir Kumar (Expert)
15 June 2019

Bigamy is one of the misconduct of govt servant (like many other misconductgs)

but

Bigamy is alos violation of basic condition of service. Because:-

(i) while offering appointment one is informed that he cannot enter service if he has more than one living spouse or has married with a person having living spouse.

(ii) When jooining the service an employee is called upon to sign an undertaking that he does not have more than one living spouse or has not married with a person having living spouse.

(iii) While framing recruuitment rules under Art 309 of the Constitution of India a clause is entered that on cannot be appointed if he has more than one living spouse or has married with a person having living spouse.

Do penalty below dismissal will be injustice in such case.

Sudhir Kumar (Expert)
15 June 2019

Further these conditions apply to all male/female employees of all religions/sects/ region. Including those communities whose personal allows Polygamy or Polyandry



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