dismissal from service on mere allegations of bigamy
Querist :
Anonymous
(Querist) 08 December 2010
This query is : Resolved
the facts r that a person was serving as a central govt employee since 1975,
1974 he was married to a whom by customs divorced in 1980
1982 he maried to b she was divorcee by custom
1985 b made various allegations 498a, bigamy etc ,but the person was acqited by court,
mainteance was allowed to b,
the persons salary office directly pd the maintence since 1985 till to day
1990 person married c and is stating witn her.
the dispilinary commitee dismissed him for bigamy just 1 day before hie retirement.
THE FACT REMAINS CCS RULES NO WHERE STATES DISMISSAL FOR BIGAMY.
his appeal was dismissed.
willl get his retirement and through which form---revision or appeal to CAT or approach the high court .PLEASE GUIDE
Kirti Kar Tripathi
(Expert) 08 December 2010
Bigamy is the ground for termination in the government service. from the fact, it appears though there was dispute between that person and b, which led to litigations, yet no legal divorce was granted. thus marriage between person and C amounts to bigamy under the law. there is nothing illegal in his termination. However, in case, he acquired eligibility of retirement benefits under his service conditions, he can claim the same. If may seek remedy in CAT or in High Court by filing of writ.
Querist :
Anonymous
(Querist) 09 December 2010
extended query--
sirs,
under which CCS (rules) is there provision for bigamy given as major penalty -dismissal,
that too after 34 years of any unblotted service nor remark on service book,
dismissal just 1 day before his retirement,i.e. after taking his services for his entire life,---can it be said natural justice .
just the reason that his marriage is dissolved by customs and not by legal court divorce.
R.Ramachandran
(Expert) 09 December 2010
Dear Anonymous,
There may be many grounds to challenge the order of dismissal.
You have to approach a local lawyer and file a case without wasting time.
Your lawyer would be in a better position to appreciate the complete facts, the order of dismissal etc., and fight your case.
In this forum, we would only be able to give a overall legal view points and not nitty gritty of how to fight a case, which would obviously depend upon the actual facts of the case.
