VIGILANCE MANUAL VOLUME III

846 DECISION - 447
(447)
Misconduct — bigamy
Divorce of first wife as per prevailing custom should
be established by the employee.
R.S. Khandwal vs. Union of India,
1998(1) SLJ CAT New Delhi 16
The applicant, Upper Division Clerk, was removed from
service for entering into a second marriage during the subsistence
of the first marriage. Applicant has not disputed his second marriage
but asserted that as per prevailing caste custom in his backward
community of barbers in the State of Haryana, he divorced his first
wife and took the second wife in marriage.
The Central Administrative Tribunal, New Delhi held that
custom should be established by clear and unambiguous evidence
and it must not be opposed to morality or public policy and it must
not be expressly forbidden by the legislature and it is incumbent on a
party setting up a custom to prove the custom on which he relies.
The Tribunal held that the disciplinary authority and the appellate
authority were right in holding that the applicant failed to prove divorce
from his first wife in accordance with his alleged caste custom.
Tribunal also held that withdrawal of complaint by the first wife is of
no use where the charges were duly proved.
(448)
Further inquiry — by fresh Inquiry Officer
Entrustment of further inquiry to another Inquiry
Officer on the ground, earlier Inquiry Officer was not
capable of conducting inquiry properly, is in order.
R.K. Sharma vs. Union of India,
1998(1) SLJ CAT New Delhi 223
The applicant, while functioning as Assistant, Direct Taxes
Division (Department of Revenue) was proceeded against
departmentally. The Inquiry Officer held the charges as not proved