that absence from duty did not amount to the gravest act of misconduct. It
was neither deliberate nor intentional. The matter attained finality and
remained ... explained that as a result of cumulative effect of continued
misconduct proving incorrigibility and complete unfitness for police service,
the petitioner was dismissed from service
after the punishing authority has applied its mind on
the nature of misconduct. Similarly, denial of gratuity and
leave encashment can also be effected ... occasioned by way of penalty on account of misconduct committed by an
employee established in the regular departmental enquiry against such
delinquent employee
petitioners filed reply contesting the award and alleged that Arbitrator
had misconducted himself by going beyond the scope of reference, terms
of agreement ... from
time to time which was extended upto 31.03.1989, so the Arbitrator
misconducted himself by going beyond the scope of reference, terms of
agreement
Rules, dismissal had to be
awarded only for the gravest act of misconduct and the cumulative effect of continued
misconduct proving any incorrigibility and complete ... even one
day's absence for uniformed personnel was grave misconduct.
7. The provision which govern dismissal is 16.2 of the Police Rules
with permanent
effect was inflicted upon the petitioner after inquiry into the misconduct
alleged. His appeal against the penalty order was rejected ... delivering cheque of ` 5 lacs to the complainant side.
For this misconduct etc., a domestic inquiry was initiated. In the inquiry, the
petitioner was held
found
respondent No.1 prima facie guilty of professional and/or other
misconduct and, accordingly, as envisaged by Section 21 of the Act,
referred ... found him guilty "under charges 1.2.1 and 1.2.2 of
professional misconduct falling within the meaning of Clause (8) of Part I
of the First
this document
High Court Chandigarh
CIVIL REFERENCE NO.1 OF 2012 -2-
misconduct the matter was enquired into by the disciplinary
committee, constituted under Section ... contesting
respondent guilty of various acts of professional and/or other
misconduct. The Council of Institute (hereinafter referred to as 'the
Council
instigated other workers to join the strike, are sufficient
to prove misconduct. The learned Single Judge has overlooked the
evidence on record and wrongly held ... from the Labour Court to lead evidence with
respect to the alleged misconduct by workmen. The learned Single
Judge was, therefore, left with no option
CRPF while functioning as a member of the force on
18.11.1989 committed misconduct in his capacity as a
member of the force ... office, the said No. 830739459 Ct. Keshav Prasad Rai was
guilty of misconduct in his capacity as a member of the force
Kumar Virender
departmental judicial
proceedings, the pensioner is found guilty
of grave misconduct or negligence, during
his service including service rendered or
re-employment after retirement ... pensioner is convicted of serious crime
or be guilty of grave misconduct."
4. Rule 2.1(b) clearly permits the government to withhold the
pension
