VidhiSangh

Supreme Court of India · 29/07/2019

RATHIN GHOSH versus WEST BENGAL STATE ELECTRICITY DISTRIBUTION COMPANY LTD. & ORS.

[2019] 9 S.C.R. 1175 · 2019 INSC 822

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Summary

Dismissal of an electricity-company engineer, coupled with permanent pension withholding and gratuity forfeiture, was set aside. Advance intimation and sanctioned leave weakened the conference-attendance charge, while the finding that a bidder funded his airfare contradicted the accepted proof that he paid it himself. The extreme penalty was disproportionate, and pension sanctions lacked authority in the proceedings invoked. Relief was moulded as voluntary retirement from the date of his resignation, with admissible retirement benefits.

Issues

  1. Whether the disciplinary findings and extreme punishment were sustainable on the evidence.
  2. Whether the invoked service regulations authorised pension withholding and gratuity forfeiture.
  3. What final service relief was appropriate.

Provisions considered

Held

Result

Appeal allowed to the stated extent. Dismissal set aside; resignation of 13 May 2008 to be treated as voluntary retirement on that date. Admissible pension, gratuity and other retirement benefits to be computed and paid within two months, failing which payment carries 6% annual interest.

Judgment PDF: Supreme Court of India, [2019] 9 S.C.R. 1175.