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 or in any representation including appeal.

3. Bribery, sabotage wilful damage, theft, fraud or dishonesty in connection with the business or property of the Commission.

4. Giving false information regarding one's name, age, qualifications or previous service at the time of employment.

5. Habitual late attendance, indebtedness or involvency, neglect of duty, malingering and wilful or habitual absence from duty, leaving station without leave or without sufficient cause.

6. Approaching higher authorities for personal promotion or any other personal favour or gain through other people.

7. Spreading false rumours of giving false information gambling, fighting, riotous behaviour, threatening or intimadating, disorderly or indecent behaviour in the Project Premises, Office Building or Commission's Township, or any act subversive to discipline.

8. Unauthorised communication of official documents or information and disclosure to any unauthorised person of information relating to the operations and business of the Commission.

9. Habitual acceptance of free gifts, carrying on money lending or any other private business without the written permission of the Commission and entering into speculation.

10. Writing of. anonymous or pseudonymous letters or associating oneself in writing such letters.

11. Striking work or inciting others to strike work in contravention of the provisions of any law for the time being in force or for joining an illegal strike.

12. Convictions in any Court of law for any criminal offence.

13. Shouting of defamatory or disrespectful slogans or issue or distribution of pamphlets and hand bills containing expression maligning the character of officers or imputing bad motives to them."

3. Misconduct has been defined in that Regulations as follows :

"Misconduct", without prejudice to the general meaning of the said term and the specific provisions made in these Regulations, including acts and omission specified in the Schedule annexed to these Regulations."

4. Bigamous marriage is not included in the enumeration in the Acts and commission constituting misconduct but as the definition in 2 (k) is an inclusive definition, the offence of bigamy may constitute a misconduct. I am not deciding this aspect of the matter in this case as it is not necessary to do so in the facts and circumstances of the case.

5. Be that as it may, in the inquiry which was held against the petitioner, the petitioner admitted that he married for the second time and on the basis of that, order of dismissal was passed and that also was upheld by the appellate authority vide Annexure 4 and 5. The admitted position in this case is that the misconduct which has been imputed to the petitioner has not effect and/or impact in the discharge of duties by the petitioner. It is also settled law t

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