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IN THE HIGH COURT OF KERALA AT ERNAKULAM
N.NAGARESH
Sajilal S., S/o. Swaminathan Chettiyar – Appellant
Versus
Kerala State Electricity Board Ltd., Represented By It’s Secretary (Administration) – Respondent
| Table of Content |
|---|
| 1. unlawful removal from service (Para 1 , 2 , 3 , 4 , 5) |
| 2. procedural irregularities in disciplinary proceedings (Para 6 , 7 , 8) |
| 3. judicial precedent on employee absence (Para 9 , 10) |
| 4. respondent's position on misconduct (Para 11 , 13) |
| 5. weight of enquiry officer's recommendations (Para 12 , 16 , 18) |
| 6. details of charges against the petitioner (Para 14 , 15 , 17) |
| 7. court's considerations on removal punishment (Para 19 , 20 , 21 , 22 , 23) |
JUDGMENT :
N.NAGARESH, J.
Petitioner, who has been removed from the service of the Kerala State Electricity Board Limited on the ground of unauthorised absence, seeks to declare that the removal of the petitioner from the services of the KSEBL is illegal.
2. The petitioner states that while working as Executive Engineer at Pallivasal, he was subjected to mental harassment and was unable to discharge his duties. By G.O. dated 12.12.2012, he was deputed to National Games, Secretariat on deputation for one year. The petitioner requested for relieving him for joining the National Games, Secretariat as per letter dated 04.01.2013. But, the Deputy Chief Engineer directed the petitioner not to avail deputation. The petitioner was pressuris
Unauthorized absence leading to removal from service is investigated under service law principles, where severity and proportionality of punishment are critical, independent of mental health claims u....
The court emphasized the necessity for the ultimate authority to review procedural irregularities and the proportionality of disciplinary penalties imposed on employees.
Habitual unauthorised absence, failure to comply with orders, and proportionality of punishment in disciplinary actions
The court emphasized the shockingly disproportionate nature of the punishment of removal from service in the context of the respondent's prolonged absence due to mental illness, highlighting the need....
The central legal point established in the judgment is the need for proportionality of punishment, the discretion of the employer in choosing the quantum of punishment, and the importance of maintain....
Disciplinary proceedings must adhere to principles of natural justice, ensuring fair enquiry and opportunity for the accused to present their case.
Disciplinary actions must follow due process, and absence due to illness cannot be deemed willful misconduct without proper inquiry.
Absence due to compelling circumstances cannot be deemed willful; disciplinary authorities must prove willfulness for misconduct.
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