Any judgement of any court can not be applied to any case. The facts and circumstances of a case have a major role in the decision. The enunciation of legal principles by way of definitive ruling only wioll have common applicability.
The personal law right for polygamy operates in the social sphere and may have applicability for property rights, maintenance obligations, minor's rights etc.
Service law operates in a different sphere. Any employment is governed by contractual terms between the employer and the employee. Some labour welfare and regulatory laws too have additional applicability. Standing orders, service regulations, civil service fundamental rules etc have statutory validity as subordinate legislation. An employee is governed by all these laws,rules,regulations and orders.
Most states have extended applicability of the civil service rules, to teaching and other staff working in government/local body run educational institutions as well as government aided schools.
If the rules applicable to the employee in question, prohibit polygamy as a service condition and violation thereof as a misconduct punishable under the applicable discine and appeal regulations, then the said employee's second marriage would become a violation of service terms.
The remedy: A complaint to the District Educational Officer, of the district, where the person in question, is working, may be filed, with copies of available records of both marriages. A copy of the complaint may be filed with the Directorate of Secondary Education, or Directorate of Higher Secondary education, as the case may be. The request at the end should be for initiation of disciplinary proceedings against the said employee.
There is no need to quote the applicable rule. The department will process the complaint and if the rules do provide so, issue a show cause notice, followed by further disciplinary action.
In case no reply to the complaint is received within a reasonable time, say three months, a reminder may be sent seeking a response say in two weeks' time. If no reply is received, an application under the RTI act, mat be filed with the Public Information Officer of the Education Department. In about two months' time reply would be received.If not an appolication to the Appellate Authority of the ame department under the RTI Act may be filed.
All these will result in obtaining information about action taken on the complaint.
The end result that may be expected in the best of the circumstances is that a charge memorandum would be issued to the employee, followed by a domestic inquiry. The complainant may be called upon to be a witness. If found guilty, the maximum penalty is normally imposed by way of dismissal from service. At that point, the judgement of the Apex Court quoted may be relied upon by the Disciplinary Authority,.
