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P. B. BALAJI
A. Thirumalai – Appellant
Versus
Chief General Manager Mine-I, Neyveli Lignite Corporation Ltd Neyveli – Respondent
JUDGMENT
(Prayer: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorarified Mandamus calling for the records relating to the second respondent herein in Proc.No.M1/HR/DAC/278- 214/2010 dated 03.08.2011 awarding the punishment removal from service and the consequential order passed in appeal by the first respondent herein in Proc.No.M1/HR/DAC/278-214/2010 dated 12.10.2011 and quash the same and consequently direct the respondents to re-instate the petitioner in service with all attendant benefits.)
1. The Writ Petitioner seeks issuance of a Writ of Certiorarified Mandamus to quash the proceedings dated 03.08.2011, removing the petitioner from service and the consequential order in appeal on the file of the 2nd respondent/1st respondent in proceedings dated 12.10.2011 and to consequently direct reinstatement of the petitioner in service, with all attendant benefits.
2. The case of the petitioner as projected in the affidavit in support of the Writ petition is that, he joined the respondent Corporation as IWD-Grade- II on 08.01.1997 on compassionate appointment basis. Subsequently, he was promoted to the post of IW D-Grade-I after satisf
The petitioner was given a fair opportunity to show cause and had admitted to the charges of unauthorised absence. The delay in approaching the court after the service termination disentitled the pet....
The punishment imposed must be proportionate to the gravity of the proved charges, and the court will interfere only if the punishment is shockingly disproportionate.
Habitual unauthorised absence, failure to comply with orders, and proportionality of punishment in disciplinary actions
Disciplinary action must consider proportionality of punishment in light of circumstances, including health issues, and proper procedure must be followed to ensure fair treatment.
The limited scope of Judicial Review in interfering with the quantum of punishment imposed by the Competent Authority.
The main legal point established in the judgment is the application of the principle of proportionality in reviewing the excessive nature of the dismissal order in light of the petitioner's medical c....
Disciplinary punishment must be proportionate to the offense, and dismissal for unauthorized absence is excessive compared to lesser disciplinary actions.
Unauthorized absence without compelling circumstances and habitual absenteeism can lead to disciplinary action, and the lack of devotion to duty can justify the punishment of removal from service.
Unauthorized absence for a long period constitutes gross misconduct, and the principle of no work, no pay applies in cases of dismissal.
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