Mecon Limited vs Sri Buddha Prasad Pal & Ors on 12 December, 2019
The respondent No.1 writ petitioner was (the respondent) handed down a
punishment in disciplinary proceedings. It was removal from service.
He alleged in the instant writ filed in this court [WP No. 11308(W) of
2010] (Shri Buddha Prasad Pal Vs. Mecon Limited and Ors.) inter alia
that the punishment was disproportionate. The learned judge by the
impugned judgment and order dated 3rd September, 2018 held that it was
so and substituted this punishment with one of compulsory retirement
from service. If this impugned judgment and order is implemented, the
respondent would be entitled to leave encashment benefit. On removal of
service this benefit is not given. It should be stated that except leave
encashment, other benefits were released in favour of the respondent.
The respondent has not preferred any cross-objection against this order.
He is deemed to have accepted it. Only the employer, Mecon Limited has
come up in appeal.