Shri Bhagwan Lal Arya vs Commissioner Of Police Delhi & Ors on 16 March, 2004
9. Another decision relied upon the 2nd respondent is the case of
India Tourism Development Centre Vs. Presiding Officer, Labour
Court X and others (5 supra), wherein the Hon'ble High Court of
Delhi held that the past record of the workman can be considered
before awarding the punishment. However, in the said case, on the
earlier occasions, the punishment of stoppage of two annual
6
increments was awarded and in spite of the same, the petitioner
therein had remained absent for 62 days and therefore, the Court was
of the view that awarding of punishment of removal from service was
justified. This case is also distinguishable on facts from the facts of
the case before this Court.