major penalty of reduction in pay- scale
r.k.choudhary
(Querist) 01 February 2010
This query is : Resolved
1. can the Disciplinary Authority award major penalty even after agreeing that the alleged misconduct was committed in good faith ?
2. Against the request of a charged officer to permit withdrawal of TA claims, no amount is reimbursed to him. Now can the DA award penalty without having paid any amount against the alleged claim of inflated TA BILL in r/o of a journey undertaken by an employee at his own cost?
B K Raghavendra Rao
(Expert) 01 February 2010
1. Even if conducted in good faith, a misconduct is a misconduct. If Management is lenient for one's misconduct, that becomes a precedence for other employees to claim similar concession. Therefore, the Managements would deal with misconduct severely. The penalty should not be disproportionate to the misconduct established. Say for example: An employee comes to the office one hour late on a single day. It is a misconduct but he cannot be awarded a penalty of one annual increment cut. This is disproportionate. Law does not permit disproportionate penalty.
2. The officer has committed a misconduct that could not be pardoned. He has tried to cheat the organisation by claiming inflated TA bill. The act is already committed. If he wants to repair the damage by withdrawing his TA claims, the basic act would not be erased. The managements would not tolerate such indiscipline and untrustworthy behaviour on the part of officers, especially. The Disciplinary Authority can definitely award penalty but as already said not disproportionately.
