P.R.RAMACHANDRA MENON, DEVAN RAMACHANDRAN
Union of India, Represented By Secretary to Government, Ministry of Finance, New Delhi – Appellant
Versus
Manuel K. A. – Respondent
Devan Ramachandran, J.
The primary and unexpendable elements of any procedure, for dealing with grievance and disciplinary issues in any organisation, private or public, are that they be rational and certain, that the basis of any such action is rooted in equity and fair play, that the range of penalties that can be imposed is well defined and that an internal appeal mechanism is available.
2. The guiding fundamentals for any employer, while initiating and pursuing disciplinary process for misconduct by an employee, are fairness and good faith, though there is no precise definition for these. The two components of fairness, that courts generally judge such a process by, are substantive and procedural fairness. The substantive fairness criterion is essentially that the outcome of the disciplinary process must be dispassionate and reasonable, while weighed against the misconduct charged and the requirement of procedural fairness would mandate that such proceedings should comply with the inviolable imperatives of natural justice.
3. The facts narrated in this writ petition call upon us to consider whether the process employed by the employer/management, against a delinquent off
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