Supreme Court Digest of Recent Cases
(2006) 6 SCC 187

Labour Law

penalty/Punishment

— Quantum of penalty/punishment — Propriety — Misappropriation of a small amount of SRTC funds (Rs 360.95 in this case) by conductor, held, a grave act of misconduct which resulted in financial loss to RTC — Hence, where the said charge was proved in domestic enquiry, the punishment of dismissal from service awarded by disciplinary authority, held, did not call for interference by Labour Court or High Court — Hence, order of reinstatement passed by High Court set aside — However, salary or other emoluments already paid pursuant to order of reinstatement passed by Labour Court, restrained from being recovered but SRTC directed to discharge the delinquent conductor immediately, (2006) 6 SCC 187-A

Labour Law

Domestic enquiry

— Enquiry report — Findings of enquiry officer — Scope of judicial review of — Evidence-based finding of domestic tribunal that the delinquent had committed misconduct and misappropriated cash, held, normally not subject to judicial review, (2006) 6 SCC 187-B



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