other words, the submission was
that the punishment must be for misconduct. In support of
this view, he has relied upon the decision ... extraordinary
result, namely, that a Government servant who had been
guilty of misconduct would be entitled to reasonable
opportunity whereas an honest Government servant could
Government servant acting in capacity of 'Corporation
sole'--Allegations of misconduct in discharge of duties-
Whether disciplinary proceedings can be taken against ... abuse of his powers and it was in regard to such
misconduct that he was being proceeded against. Therefore,
although the propriety and legality
case is one of victimisation.
710
Though in a case of proved misconduct normally the
imposition of a penalty may be within the discretion ... management there may by cases where the punishment of
dismissal for misconduct proved may be unconscionable or so
grossly out of proportion to the nature
SC1186 (11,13)
R 1990 SC1459 (30)
ACT:
Prevention of Corruption-Criminal misconduct in discharge of
official duty-Charge in respect of specific instances ... held him guilty of criminal misconduct in the discharge of
his official duty under s. 5(1)(d) of the Act, concerning
the conviction
same as
against the thirty-two others.
As go-slow was serious misconduct, insidious in nature and
could not be countenanced, and since the workmen ... were found
guilty of such misconduct, the management must be granted
the permission to dismiss them.
JUDGMENT:
CIVIL APPELLATE JURISDICTION: Civil Appeals
SC2178 (16)
ACT:
Industrial Dispute--Enquiry by management into misconduct of
workman--Representation by representative of Union--Whether
workman entitled to.
HEADNOTE:
A workman against ... enquiries fairly simple questions of fact as to whether
certain acts of misconduct were committed by a workman or
not fall to be considered
Standing Order of the company with regard to punishment for
misconduct. In the absence of any Standing Order the
unsatisfactory work of an employee ... treated as
misconduct. When the management discharged -the respondent
for alleged unsatisfactory work it should be taken that the
discharge was -tantamount to punishment
Taking of money Promising to Procure a job-Whether
illegal gratification-Criminal misconduct in the discharge
of duty Indian Penal Code ... offence under that section requires that the
public servant should misconduct himself in the discharge of
his duty.
In the present case, as the respondent
services should not be terminated on account
of grave indiscipline and misconduct and he denied
the allegations of fact. He was thereafter
informed about ... made before it to
defend such action by proving the alleged
misconduct, it passed an order for reinstatement
of S, The appellant contended that
scheme which provided
that if a workman was dismissed or discharged for misconduct
causing financial loss to the works, gratuity to the extent ... paid to the workman concerned, was
erroneous, because, on principle, misconduct put a blot on
the character/of his service and that disqualified him from
