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2017 Supreme(Ker) 552

DAMA SESHADRI NAIDU
M. G. VENU – Appellant
Versus
SBI LIFE INSURANCE COMPANY LIMITED – Respondent


Advocates Appeared:
FOR THE PETITIONER: V.M. KRISHNA KUMAR, SURYA BINOY
FOR THE RESPONDENTS: K. JAJU BABU (SR.), M.U. VIJAYALAKSHMI

JUDGMENT :

Introduction:

An employee wins a foreign jaunt; apart from the pleasure pursuit, the employee will undergo training abroad. On board the flight bound overseas, the employee is found drunk, too much. He is deplaned. The employer treats it as grave misconduct, punishes him with removal from service. Is the punishment shockingly disproportionate?

Facts:

2. M.G. Venu, the petitioner, joined SBI Life Insurance Company Ltd. ("the employer"), the first respondent, in 2005 as a Unit Manager. In nine years, he had earned five promotions--three in the first year. In 2013, the employer held a business contest, in which most of its employees participated. The successful employees would earn a trip to Colombo, where they had to attend a programme sponsored by the employer. Venu won the trip along with a few other officers.

3. On 23.11.2013, the employees, including Venu, transited at Chennai and boarded the plane to Colombo. But Venu was deplaned on the allegation that he had been found highly intoxicated.

4. Later, on 10.03.2014, the employer issued the Ext.P6 show-cause notice asking Venu why he should not be departmentally proceeded against for indiscipline: of conduct unbecoming of the
























































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