Case Law on Conduct rules
16. Reacting violently
to the abuses of an official visitor is not misconduct. .
(1991) 18 ATC 429 Delhi.
17. An employee
assaulting another away from and outside the establishment. Such an act per se
does not become an act of subversion of discipline.
1991 LLR (22) 240 Bombay High Court.
18. A conduct not in
the course of employment cannot be a misconduct. Similarly, a conduct which is
not misconduct as per conduct rules cannot be the subject matter of
disciplinary action against a government servant. (In this case convicted for a
domestic quarrel. Action under rule 19(1) CCA Rules struck down).
Krishnan Kutty XSSPOs 1975 KLT 503 H.C
19.Unauthorised absence: -The Punjab and Haryana High Court in the case of ex. Constable Balwant Singh v. State of Haryana, reported in A.T.J. 1999 (2) p. 113, has held that when the employee was under treatment for ulcer in a hospital during the period of absence, such absence from duty cannot be said to be the gravest misconduct. The High Court, therefore, held the order of dismissal from service was not warranted. The punishment order was quashed and reinstatement ordered.
20.The Principal Bench
of the Central Administrative Tribunal quashed the order of dismissal and
ordered reinstatement in a case where the said punishment was imposed on the
charge of habitual absence. The Tribunal found that the charged officer had
been on unauthorised
absence on ten occasions during the period from 9.10.1985 to 3.2.1986, but
there was no reference to the previous instances of unauthorised absence from the period nor
subsequently. The Tribunal, therefore, held that the charge of habitual absence
was not proved. The Principal Bench of the Central Administrative Tribunal in
the case of Smt. Mohini Navani v. Union of India and others, reported in S.L.J.
1996 (10 p. 523 held that in the case of unauthorised absence if one has already resumed
his duty, the order of dismissal from service unjustified. Only decision about
the period should be taken
Sir
ReplyDeleteToday's quoted Judgements are very important for everyone working in the govt departments🙏