Karnataka High Court
Judges : S.R.Nayak,K.Ramanna
H.M.T.LIMITED - Appellant
Versus
CHAYA SRIVATSA - Respondent
W. A. 2006 Of 1999
Decided On : 05/27/2003
Advocates Appeared :
K.KASTURI
Interference with the findings and action taken against the employee by the Disciplinary Authority -when can be interfered with -stated.
[S. R. Nayak & K. Ramanna, JJ.] - The reviewing court can only interfere with the action of the disciplinary authority when the principles of natural justice are violated, if evidence is lacking, if the punishment meted out to the employee is grossly disproportionate.
Cases Referred: AIR 1997 SC 1908; 1992 Supp. (2) SCC 313; 1991 (2) SCC 382; 1997 (1) SCC 156; AIR 1957 SC 355; AIR 1970 SC 292; AIR 1970 SC 654; AIR 1959 SC 725; 1986 (1) UJSC 28; AIR 1989 SC 99; AIR 1963 SC 404; AIR 1965 SC 1103; 1969 IJSC 351; 1976 (1) SCWR 46; AIR 1991 SC 207; 1963 (2) LLJ 78; AIR 1980 SC 193; 1980 (4) SCC 379; 1984 (1) SCC 43; 1996 (5) SCC 460; 1996 (6) SCC 237; 2000 (7) SCC 529; 1972 (1) LLJ 1; 1996 (2) LLJ 920; 1958 (2) LLJ 259.
CONSTITUTION OF INDIA - Judicial review of disciplinary action
Articles 226 & 227 - High Court as a reviewing Court -cannot perform what an appellate authority has to do in reviewing the action taken by the disciplinary authority against an employee.
[S. R. Nayak and K. Ramanna, JJ.] - The reviewing Court can only inliefere with the action of the disciplinary authority when the principles of natural justice are violated, if evidence is lacking, if the punishment meted out to the employee is grossly disproportionate.
MARKET VALUE - Effect of violation
Constitution of India, Articles 226 & 227 - High Court as a reviewing court -cannot perform what an appellate authority has to do in reviewing the action taken by the disciplinary authority against an employee.
[S. R. Nayak and K. Ramanna, JJ.] - The reviewing court can only interfere with the action of the disciplinary authority when the principles of natural justice are violated, if evidence is lacking, if the punishment meted out to the employee is grossly disproportionate.
( 1 ) THE management of HMT Limited being aggrieved by the order of the learned single judge dated, November 11 and 12, 1998, in Writ Petition No. 26334 of 1994 has preferred this writ appeal under Section 4 of the Karnataka High Court Act, 1964. The dispute relates to the disciplinary action taken against the respondent herein. The events leading to the filing of the writ petition be noted in the first instance briefly and they are as follows:
( 2 ) THE management of HMT Limited invited applications for the post of Deputy General manager (PR) prescribing certain qualifications and eligibility conditions. The respondent submitted an application for the post enclosing her bio-data. The management by its letter dated june 18, 1990, informed the respondent that she had been selected for the post and sought her acceptance. The respondent accepted the offer and reported for duty. The respondent was placed on probation and her probation period was extended by three months and ultimately she was confirmed in the post with effect from January 22, 1992, vide order dated May 8, 1992. Subsequently, the respondent was selected as Chief Public Relations Manager by the management and her willingness was sought. In the meantime, it appears that a pseudonymous letter dated June 14, 1993, was received by the Chairman and Managing Director of the appellant-company containing certain allegations against the respondent and requesting him to order for an enquiry. Thereafter, the co- ordinator, CNB of HMT wrote a letter on July 9, 1993, requesting the Director, Personnel, HMT to probe into the activities of the PR department. By a letter dated July 23, 1993, the Deputy General Manager, HMT called upon the respondent to make available certain documents and files in respect of subjects mentioned therein. It appears that at that stage, the respondent was shifted and posted as officer on special duty vide office order dated November 25, 1993. When the matter stood thus, on December 1, 1993, a charge-sheet was served on the respondent alleging that the respondent while working as Deputy general Manager (PR) committed various misconducts. The following are the heads of allegation of misconduct levelled against the respondent: (a) misrepresentation of experience while applying for the post of Deputy General Manger (PR) (b) while applying for the post of Chief Public Relations Manager, Air India, without routing the application through proper channel or without taking prior permission from the management; (c) engaging in private business by starting Mentors Association for personal gain; (d) finalising arrangements with the firm, Pushpa Enterprises, for the purpose of printing daily bulletin called "aaj KI KHABAR", which on investigation was found to be non-existent and the address furnished is a fictitious address apart from overwriting in the bills and other irregularities in the bills of Pushpa Enterprises; (e) as a coordinator for Apex Forum on Women in Public Sectors opening a S. B. account in her personal name for operating WIPS accounts and subsequently opening another account in the name of HMT, collecting huge money from different HMT units towards subscription from members of WIPS, not maintaining proper accounts in this regard making suspicious withdrawals from the said account; (f) bringing out unauthorisedly a book entitled "recipe FOR HEALTHY ORGANISATION" (g) collecting money towards the above from various private and public sector organisations, using HMT letter heads, writing to other organisations and projecting the whole matter as if it were HMT's official venture; (h) paying a sum of Rs. 70,000 to Kumar Printers unauthorisedly. e. , without the consent of the company, collecting huge amounts from various organisations, inserting advertisements for her own book entitled IDEAL GIFT TO YOUR HUSBAND without paying any advertisement charges; (i) paying Rs. 25,000 to Kumar Printers even before receiving the bill, on four occa
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