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REKHA BORANA
Jitendra Sharma – Appellant
Versus
Nuclear Power Corporation Of India Ltd. – Respondent
JUDGMENT
Rekha Borana, J. - The present writ petition has been filed against the order dated 11.05.2020 passed by respondent No. 2 - The Station Director, Unit-3 & 4 (RR Site), Nuclear Power Corporation of India Ltd., Rawatbhata and further affirmed vide order dated 13.08.2020 by the appellate authority whereby the punishment of compulsory retirement has been imposed against the petitioner.
2. The brief facts of the case are as under:-
On 08.06.2017 a charge-sheet was issued to the petitioner with the averment that alongwith his claim for reimbursement of medical expenses for the treatment of his son, he has claimed the amount qua the traveling expenses and for the purpose, has annexed a forged rail ticket. The charge as framed shows that the rail ticket annexed with the claim was a fraudulent one and the ticket did not match with the claim amount as made. A reply to the charge-sheet was filed by the petitioner, an inquiry was conducted and vide inquiry report dated 09.03.2018, the petitioner was held to be guilty. Objections to the inquiry report were filed by the petitioner. After considering the said objections, a show-cause notice dated 16.05.2019 was served on him whereby it was
The punishment should be proportionate to the misconduct, and past conduct should not be considered without notice to the employee.
The requirement of providing a reasonable opportunity to the employee and considering past conduct with notice to the employee in disciplinary proceedings.
In Banking business absolute devotion, integrity and honesty is a sine qua non for every Bank employee.
Disciplinary proceedings against a retired employee can continue if initiated during service; defining grave misconduct under pension rules does not require explicit mention in charges, as grave alle....
A single act of omission or error of judgment would not constitute misconduct unless it resulted in serious consequences.
The principle of proportionality of punishment is crucial in determining the appropriate penalty for proved charges of misconduct.
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