VIGILANCE MANUAL VOLUME III - AP Online

746 DECISION - 372
1974(1) SLR 67 and of the Supreme Court in S.Govinda Menon vs.
Union of India, AIR 1967 SC 1274 and held that in the face of the
categorical assertion of the Supreme Court and observations of the
High Court, the misconduct of the applicant would clearly reflect
adversely on his integrity as a member of the service and that the
disciplinary authority had the jurisdiction to proceed against the
applicant.
(372)
Misconduct — bigamy
A married man and an unmarried woman residing
under the same roof does not involve moral
turpitude.
S.B. Ramesh vs. Ministry of Finance,
1994(3) SLJ CAT HYD 400
Applicant, Income Tax Officer, was proceeded against on a
charge that he contracted a second marriage with Smt. K.R.Aruna
while his first wife was alive and the first marriage has not been
dissolved and thereby violated rule 21(2) of CCS (Conduct) Rules,
and that he has been living with Smt. Aruna and has children by her
and thereby exhibited conduct unbecoming of a Government servant
and violated rule 3(1)(iii) of the CCS (Conduct) Rules. The
disciplinary authority held the first part of the charge as not proved
and the second part as proved and compulsorily retired him from
service.
Tribunal held that the argument advanced by the applicant
that for a conduct which has no relation to the discharge of his official
duties, a Government servant cannot be proceeded against
departmentally, in principle, has no merit. There is no case for the
disciplinary authority that Smt. Aruna is a woman married to somebody
else. Under these circumstances, even if it is established that the
applicant had lived with her or even cohabited with her, it cannot be