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?
15 June 2019
Bigamy is one of the misconduct of govt servant (like many other misconductgs)
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.