Matrimonial
Maulin Shah
(Querist) 18 May 2012
This query is : Resolved
I have asked previously one question that : The person who have two wives doing Semi-Government job in the school and first wife has complained and requested to the school to dismiss the person Whether two wives is a moral turpitude ? Or the person can be dismissed on that base ?
Expert : Prabhakar Singh : Yes , he can be.
Expert : Rajkumar Makkad : The misconduct comes within the ambit of moral turpitude so gravest punishment of removal from servie may be awarded to such
employee.
Expert : Sasankajyoti sharma : I go with the suggestions of my previous experts.
Again I have asked question in different manner as follow.
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 maintenance 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 maintenance 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 confirm 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 turpitude, and as it is moral turpitude 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
Expert : Rajkumar makkad : You being management are duty bound to maintain your discipline and take appropriate action against A. The only action in such situation can be DISMISSAL FROM SERVICE WITH IMMEDIATE EFFECT. The School has no liability towards such employee.
Experts : PS Dhingra, : I endorse the views of Shri Makkad.
Experts : Pradeep kumar : Mr.Makkd 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 enquiry 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 intensions to do so.
Now the position is “ The enquiry committee has given a report and said that there are two wives to A (husband) and Trust has after considering report Passed a necessary resolution in the Executive committee to dismiss “A” (employee of the school) and sent resolution & report to District Education officer (D.E.O) for approval Now the question is (1) If Mr. A Made any comprise or settlement with first wife without divorce than whether possible to withdraw the matter ?. D.E.O. said that if any compromise without divorce has no meaning because the position of remarriage during subsistence of first marriage remains and it is a moral turpitude. D.E.O. also said that my duty is only to approve or disapprove the report of enquiry committee and not to inquire further. What can be done ? whether court order of divorce is required or comprise either in court or before notary can save the employee A. (2) If D.E.O. grants approval of dismissal and compromise paper without divorce produce before the committee than what can be done ?
Please opine with case law if any.
Thanking you,
Shonee Kapoor
(Expert) 19 May 2012
The DEO is right,
The compromise w/o divorce would still mean that legally you are committing bigamy.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
Sudhir Kumar, Advocate
(Expert) 10 February 2015
first of all you are perhaps doubting the wisdom of seasoned experts as you are quoting each of them.
Prima-facie you deserve no free advise.
Yet since you have asked new curiosities the same are being replied.
Sudhir Kumar, Advocate
(Expert) 10 February 2015
(1) If Mr. A Made any comprise or settlement with first wife without divorce than whether possible to withdraw the matter ?.
ANS : NOT AT ALL POSSIBLE IT IS NOT A CIVIL SUIT, WHEN IT COMES TO THE NOTICE OF EMPLOYER THAT EMPLOYEE HAS COMMITTED PROFESSIONAL MISCONDUCT THEY ARE NOT GUIDED BY DICTATES OF THE COMPLAINANT TO CLOSE THE CASE.
IT IS PROFESSIONAL MISCONDUCT FOR ANY GOVT/SEMI-GOVT EMPLOYEE TO MARRY WHEN HE/SHE OR THE PERSON WHO HE MARRIES HAS A LIVING SPOUSE.
Sudhir Kumar, Advocate
(Expert) 10 February 2015
D.E.O. said that if any compromise without divorce has no meaning because the position of remarriage during subsistence of first marriage remains and it is a moral turpitude. D.E.O. also said that my duty is only to approve or disapprove the report of enquiry committee and not to inquire further. What can be done ?
ANS : DEO IS CORRECT. THE PERSON HAS A SPOUSE AND HAS MARRIED BEFORE DIVORCE.
MISCONDUCT BECOMES COMPLETE.
SUBSEQUENT AGREEMENT/DIVORCE HAS NO VALUE.
Sudhir Kumar, Advocate
(Expert) 10 February 2015
whether court order of divorce is required or comprise either in court or before notary can save the employee A.
ANS : NOT AT ALL RELEVANT IN DISCIPLINARY PROCEEDING
DEPTT PUNISHMENT IS BOUND AS DEPTT MISCONDUCT IS COMPLETE.
Sudhir Kumar, Advocate
(Expert) 10 February 2015
(2) If D.E.O. grants approval of dismissal and compromise paper without divorce produce before the committee than what can be done ?
ANS : NOTHING
Guest
(Expert) 10 February 2015
Mr. Sudhir,
You are late by more than 2 years in rendering your advice!
