Death-cum-Retirment) Rules 1958-r.
16-Scope of.
Words and Phrases: Misconduct-What constitutes to
attract punishment in disciplinary proceedings-Mene acts of
omission ... commission or negligence in performance of
duty-If misconduct.
HEADNOTE:
The respondent, an officer belonging to the Indian
Administrative Service, was due to retire
Scope of-Rule 4 does not specify
any misconduct and Rule 5 does not specify that
violation of Rule 4 is per se misconduct ... refund thereof immediately on the expiry of the
period, constitute "misconduct" within the meaning of
the expression in Rule
upon the employer to adduce
additional evidence to substantiate the charge of misconduct
by giving some specific opportunity after decision on the
preliminary issue whether ... chooses to adduce additional evidence to
substantiate the charges of misconduct. It is for the
employer to avail of such opportunity by a specific pleading
Court can reappraise evidence led in domestic enquiry to
satisfy whether misconduct against workman is established.
Arbitrator and the Court can reject evidence of misconduct ... evidence,
Constitution of India-Article 136-Supreme Court can
reject findings of misconduct based on no legal evidence.
Words and Phrases-Misconduct-Whether keeping
Standing Orders-Standing orders providing
for imposition of penalty on proof of `misconduct' should be
construed strictly like penal statutes.
HEADNOTE:
The appellant-company ... establishment, or in the vicinity
thereof" would be treated as misconduct. Standing order 23
prescribed punishment for misconduct. The second respondent
approached the Labour
SCALE (1)101
ACT:
Labour Law-Misconduct-Whether suppression of
material fact regarding prior dismissal the time of
obtaining fresh employment Constitutes "misconduct ... Orders or Service Regulation, should
enumerate an act or omission as "misconduct" -Effect of
non-prescribing the acts of "misconduct
charge-sheet and the allegation in it relevant to the alleged misconduct is worth noticing in entirety. It reads as under :
"You are working ... wheat more than the quantity purchased and that this constitutes serious misconduct which cannot be tolerated and, therefore, the petitioner deserves to be dismissed. Presumably
Public Sector
Undertaking prescribed a detailed procedure for dealing with
cases of misconduct; and for imposing major penalty, the
employer had to draw ... such an enquiry
reasonable opportunity of explaining and defending the
alleged misconduct had to be given to the workman.
Suspension of the delinquent workman pending
that of
the management. More often, the courts found that, while the
misconduct was proved, the punishment was disproportionately
heavy. As the situation then stood ... justified" occurring in section 11A indicate that even
though misconduct is proved and a penalty has to be imposed,
the extreme penalty of dismissal
relevant
rules, and that there was evidence in support of the alleged
misconduct, held that the management was justified in
imposing the penalty of dismissal ... parties due opportunity to adduce evidence in respect of
the alleged misconduct.
The respondent-company filed writ petitions before the
High Court questioning the correctness
