Undue Leniency In Disciplinary Proceedings Compromises Discipline In Public Service: Kerala HC Upholds Dismissal Of Employee For Misappropriation

The Kerala High Court stated that showing undue leniency towards a government employee in disciplinary proceedings could undermine the essential discipline required in public service. The governing principles in disciplinary actions aim to strike a balance between two key objectives: affording the employees a fair opportunity to defend their innocence and ensuring that justice is served to the employer as well for maintaining discipline within the public service and the administrative systems.” The petitioner, an Assistant Grade II in the Kerala Public Service Commission was imposed with punishment of dismissal from service for misappropriation of money by falsifying sales records during his deputation in the Kerala State Beverages Corporation. Relying upon the Apex Court decision in State Bank of Patiala and Others v. S.K.Sharma and a catena of other decisions, the Court stated that punishment imposed upon an employee after disciplinary enquiry should not be set aside lightly for every violation of natural justice or statutory rules. He must also be permitted to defend himself by cross-examining opposing witnesses and presenting his own testimony or witnesses.” The Court also stated that at the conclusion of the enquiry, the disciplinary authority must provide copy of the enquiry report if the authority and the inquiry officer are not the same, before imposing punishment upon him.