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1995 Supreme(Gau) 72

J.N.SARMA
Prafulla Kalita – Appellant
Versus
Oil And Natural Gas Commission and Ors. – Respondent


Advocates Appeared:
R.Gogoi, J.Doloi, D.K.Talukdar, A.Dutta

This application under Article 226 of the Constitution of India has been filed to set aside the order of dismissal dated 8th/20th January, 1988. The petitioner was a Driver in the ONGC. A show cause notice was issued to him on the ground of misconduct as envisaged under the Staff Regulation, where Regulatin 27 of the Conduct, Discipline and Appeal Regulations, 1976 provides as follows :

"27. Bigamous Marriage: (1) (a) No employee shall enter into or contract, a marriage with a person having spouse living.

(b) No employee, having a spouse living shall enter into, or contract, a marriage with any person;

Provided that the Commission may permit an employee to enter into or contract, any Such marriage as is referred to in clause (a) or clause (b) if it is satisfied that:

(i) such marriage is permissible under the personal law applicable,

(ii) there are other grounds for so doing."

2. Schedule to this Regulation provides for the Act and omissions constituting misconduct. They are quoted :

1. Insubordination or disobedience, either alone or in combination with others, to any, lawful orders of a superior.

2. Use of insolent or impertinent or unparliamentary language in any official correspondence































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