No Defense Available To A Delinquent To Say There Was 'No Loss Or Profit' Resulting In A Case When He Is Found To Have Acted Without Authority- SC [Read Judgment]
7 years, 6 months ago

No Defense Available To A Delinquent To Say There Was 'No Loss Or Profit' Resulting In A Case When He Is Found To Have Acted Without Authority- SC [Read Judgment]

Live Law  

While dismissing the appeal filed by an Assistant of LIC against punishment imposed for financial irregularities on job, the Supreme Court observed that the delinquent employee cannot make a plea that punishment ought to be avoided as no loss or profit was caused as a result of the misconduct.The appellant was found to have issued receipts to policy holders, without actually receiving. While dismissing the appeal filed by an Assistant of LIC against punishment imposed for financial irregularities on job, the Supreme Court observed that the delinquent employee cannot make a plea that punishment ought to be avoided as no loss or profit was caused as a result of the misconduct. The appellant was found to have issued receipts to policy holders, without actually receiving payment from them. It was also observed as follows:- There is no defense available to a delinquent to say that there was no loss or profit resulting in a case when officer/employee is found to have acted without authority.

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History of this topic

Mere Non- Supply Of Documents Not A Ground To Set Aside Disciplinary Proceedings If It Did Not Cause Any Prejudice To Delinquent Employee : Supreme Court
2 years, 4 months ago

Mere Non- Supply Of Documents Not A Ground To Set Aside Disciplinary Proceedings If It Did Not Cause Any Prejudice To Delinquent Employee : Supreme Court

Live Law  

The Supreme Court observed that mere non-supply of documents to deliquent employee cannot be a ground to set aside disciplinary proceedings. "Mere non-supply of the documents which may not have resulted any prejudice caused to the employee, the order passed by the disciplinary authority cannot be set aside", the bench of Justices MR Shah and Krishna Murari observed.In this case, …

No Leniency To Employee Merely Because He Deposited Defrauded Amount And No Loss Was Caused To Department : Supreme Court
2 years, 11 months ago

No Leniency To Employee Merely Because He Deposited Defrauded Amount And No Loss Was Caused To Department : Supreme Court

Live Law  

While setting aside the order substituting the removal of an employee to that of compulsory retirement, the Supreme Court observed that punishment imposed by a disciplinary authority can't be substituted merely on grounds that the employee had voluntarily deposited the defrauded amount. A bench comprising Justice MR Shah and Justice BV Nagarathna made the observation in Union of India's special …

Discrepancies In Evidence Against Delinquent Not A Ground To Interfere With Findings Of Disciplinary Inquiry: SC [Read Judgment]
5 years, 1 month ago

Discrepancies In Evidence Against Delinquent Not A Ground To Interfere With Findings Of Disciplinary Inquiry: SC [Read Judgment]

Live Law  

The Supreme Court has observed that the findings of disciplinary inquiry cannot be interfered only on the ground that there are discrepancies in the evidence against the delinquent. The bench of Justice S. Abdul Nazeer and Justice Hemant Gupta observed that, once the evidence has been accepted by the departmental authority, in exercise of power of judicial review, the Tribunal …

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