Corruption Charge Not Proved, Yet Employee Removed: Delhi HC Sets Aside Penalty, Directs Reinstatement
The Court held that path from the proved fact of transfer of Rs 75,000 to the conclusion of bribery remains unexplained.
The Court held that path from the proved fact of transfer of Rs 75,000 to the conclusion of bribery remains unexplained.
Public dissemination of allegations by a PSU employee through social media may attract disciplinary consequences. However, where misconduct does not demonstrate corruption or moral turpitude, severance from service violates the doctrine of proportionality.
“The High Court can interfere with the order of punishment only in case of violation of the provisions of rules or principles of natural justice are proved.”
The Court reaffirmed that the court’s role in judicial review is limited to examining the decision-making process and not to re-evaluate the evidence or impose a different penalty.
Supreme Court: The Division Bench of M.R. Shah* and B.V. Nagarathna, JJ., affirmed impugned judgment of the Gauhati High Court whereby the
Supreme Court: In a case where a Postal Assistant was accused of committing a fraud of Rs.16,59,065/- but had voluntarily deposited the