Matrimanial and service rule
Maulin Shah
(Querist) 24 February 2012
This query is : Resolved
Mr. "A"(husband) married with "B" (first wife) before 1986. He again married with "C’’(Second wife) in 1986 through registered marriage mentioning in the application form that he (mr.A) is unmarried B(first wife) has three children today and "C" (Second wife) has two children . There was a mutual understanding (agreement) between A & B in the civil court that "A" will give some maintanance to B alongwith residential house and 2 vigha land, A is doing job in Secondary School sine 1990, Some or other reason dispute arise between "A&"B" for land which was not handed over by "A" to "B" and maintanance not increased. The complain made to the Collector and District Education Officer(DEO) Panchmahals regarding Poly.gamy. which is proved in the family Court and court passed order that "A" has two wives. The matter filed by "A" before Guj. High Court and High court dismissed the appeal and cofirm the order of family court. Now Enquiry Committee is appointed as per advise of D.E.O. Now as per our opinion for "A" it is a moral turputide, and as it is moral tunpitide as per Guj.Secondary Education Act & Bombay Service rules, he should be dismiss. Whether we are right i.e. whether we can dismiss. Mr. A. Whether there is any loss to the institutional school? Please advise.
Mr. "A"(husband) married with "B" (first wife) before 1986. He again married with "C’’(Second wife) in 1986 through registered marriage mentioning in the application form that he (mr.A) is unmarried B(first wife) has three children today and "C" (Second wife) has two children . There was a mutual understanding (agreement) between A & B in the civil court that "A" will give some maintanance to B alongwith residential house and 2 vigha land, A is doing job in Secondary School sine 1990, Some or other reason dispute arise between "A&"B" for land which was not handed over by "A" to "B" and maintanance not increased. The complain made to the Collector and District Education Officer(DEO) Panchmahals regarding Poly.gamy. which is proved in the family Court and court passed order that "A" has two wives. The matter filed by "A" before Guj. High Court and High court dismissed the appeal and cofirm the order of family court. Now Enquiry Committee is appointed as per advise of D.E.O. Now as per our opinion for "A" it is a moral turputide, and as it is moral tunpitide as per Guj.Secondary Education Act & Bombay Service rules, he should be dismiss. Whether we are right i.e. whether we can dismiss. Mr. A. Whether there is any loss to the institutional school? Please advise.
Raj Kumar Makkad
(Expert) 24 February 2012
You have wrongly posted your query twice in the same thread.
You being management are duty bound to maintain your discipline and take appropriate action against A. The only action is such situation can be DISMISSAL FROM SERVICE WITH IMMEDIATE EFFECT.
The school has no liability towards such employee.
Guest
(Expert) 24 February 2012
I endorse the views of Shri Makkad.
PARDEEP KUMAR
(Expert) 25 February 2012
Mr. Makkad is correct, take a step further,according to Hindu Marriage Act,1955, 2nd marriage without divorce from the earlier partner, or death of earlier partner is illegal. Though Hon'ble Family Court orders are there, but it has to be seen whether under the said rules, for such an act of an employee a inquiry is required or he could be dismissed straightway. If inquiry is prescribed, then go, issue a chargesheet, hold proper inquiry and only thereafter take action such as dismissal, that too do not show in advance your intentions to do so.
