Summary
The Court preserved recovery of the employer’s proved monetary loss despite the invalidity of disciplinary action on other charges. The inquiry officer had found the loss of Rs.2,46,922.56 proved. Although the disciplinary authority’s disagreement on different charges without notice violated natural justice, that defect did not justify setting aside recovery on the charge already established by the inquiry report.
Issues
- Whether invalid disciplinary action on other charges required setting aside recovery for the loss independently found proved by the inquiry officer.
Held
- The appeal was confined to recovery of Rs.2,46,922.56. The defect concerned the disciplinary authority’s adverse disagreement without notice on other charges; the inquiry officer had already found the monetary-loss charge proved. The High Court should have preserved recovery of that amount. (¶¶ 2, 4, 5)
- As the employee had retired, remaining retirement benefits legally due could be paid after deducting the proved loss. The Court modified the judgment only to that extent. (¶¶ 5, 6)
Result
Appeal partly allowed. Recovery of Rs.2,46,922.56 maintained, deductible before payment of further retirement benefits available under law; no costs.