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.]
Very useful sir
ReplyDeleteThank you sir
ReplyDeleteGood work sir
ReplyDeleteBest of luck keep going on.
ReplyDeleteSuch tips are important for the officials who function as AGS in disciplinary cases.In Kerala , Union used to conduct workshops to train officials on disciplinary cases so as to enable them function as AGS. Nowadays this is not being followed.Hence a few retired officers, who were known for their notorious actions while in service , are functioning as for profit motive. Ad such KVD is doing a yoemen service to the serving employees in enlightening them on the service rules
ReplyDeleteVery very useful and informative posts
ReplyDeleteThank you Sir
ReplyDeleteThank you Sir for useful posts
ReplyDeleteIf this information is published in the form of a book it will be more useful sir..
ReplyDeleteThanks sir
ReplyDeleteTq u sir
ReplyDeleteThanx sir
ReplyDeleteVery very useful information to the officials specially working in admin and account branch .
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