10. Alleged misconduct in the Coop society, Private quarrel, A transfer order violation of rules, Wrong medical certificate, Participation of strike

46. Disciplinary action for the alleged misconduct in the Coop society

The High Court of Calcutta (1986 (I) LLJ 95) in the case of S. Amar Nanoy Chowdry Vs Union of India and others held “it would be legal to start disciplinary proceedings against Railway servants for alleged misconduct of coop society etc. The appellant has become the Secretary of the Coop society only as a Railway servant”

 

47. Private quarrel cannot be construed as misconduct

The Supreme Court held (1978 (I) LLJ 508) – “that the private quarrel between an employee and a stranger with which the employer is not concerned falls outside the category of misconduct”

 

48. A transfer order violation of rules need not be obeyed

The High Court of Madras ( 1991 (I) LLJ 344 ) has held that – “ an order of transfer made in violation of the service rules need not be obeyed and noncompliance with such order cannot result in disciplinary action”

 

49. Wrong medical certificate does not amount to misconduct

The High Court of Bombay in S.A. Kerker Vs SUN PO IT and others (1996 (I) LLJ 675) has held that – “merely securing a wrong or false medical certificate by itself does not amount to misconduct. The certificate of the doctor may be false due to ignorance or incompetence and therefore a wrong or false certificate does not necessarily create delinquency either on the doctor or on the person who produced it”

 

50. Participation of strike does not amount to lack of devotion of duty

Where an employee has participated in a strike which is not illegal, it is not an unbecoming act on his part nor does it amount to lack of devotion to duty.

[ Suraj Prasad v. Northern Railway, AIR 1967 All. 457.]

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