Employee Absolved Of His Bigamous Marriage By A Punishment? - CiteHR
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By and large, all the PSUs have in their relevant conduct and discipline rules, be it executives or non-execuives, a misconduct of Bigamy which is punishable according to the due process. For instance, in a departmental inquiry, in order to establish a bigamy, examination/cross-examination of private parties may be required. Is it praticable to summon the private witnesses and if do not turn up, only then documentary evidence needs to be relied upon. In the ultimate analysis, for instance, bigamy is established. The only proper course could to impose the punishment of removal of dismissal. Else, if any punishment other than Removal/dismissal is imposed, would it not amount to a situation where an employee will continue on the rolls of the Company with a punishment and the bigamy is accepted with a punishment. Does it not mean that the individual is absolved of his bigamous marriage by a punishment? I would like the members to discuss on this.further.
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It is difficult to prove but not impossible. The degree of proof needed in a Departmental Procedure is less than what is needed in law. Outsiders cannot be summoned but their statements can always be recorded by any two officers. Also without a complainant such actions would not proceed. The complainant can be of use. But in granting punishment there has to be a human face and law. You may read the following blog for an example of how punishments are imposed.
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