SUPREME COURT
, J
U.P. State Road Transport Corporation – Appellant
Versus
Gopal Shukla – Respondent
| Table of Content |
|---|
| 1. whether leniency in punishment is warranted for misconduct. (Para 1 , 2 , 6) |
| 2. the impact of misconduct on public trust. (Para 3 , 9) |
| 3. the threshold for proving personal gain in employment misconduct. (Para 20 , 21 , 22) |
| 4. reinstatement versus dismissal in cases of proven misconduct. (Para 23 , 24 , 27) |
1. The present appeal compels us to wonder whether a legal forum should allow itself to imagine facts and conceive of perverted situations to brush aside the material brought on record and then for contrived reasons arrive at a conclusion that there was possibly no embezzlement or personal gain.
2. The first respondent, a conductor in the service of the U.P. State Road Transport Corporation (for short "the Corporation"), despite the factum of carrying 25 passengers without ticket being proved, is relieved and assuaged by substitution of punishment of dismissal with stoppage of two annual increments with cumulative effect taking aid of S.6(2 - A) of the U.P. Industrial Disputes Act , 1947 (for brevity "the Act") by the Labour Court in invocation of the doctrine of reformation and principle of mercy, and the High Court [ U.P. SRTC v. Gopal Shukla , 2008 SCC OnLine Al
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