Punishment cannot be different for two employees when charges are similiar: Delhi High Court

Punishment cannot be different for two employees when charges are similiar

Delhi High Court upheld the single bench judgment in Punjab and Sindh Bank vs. Sh. Raj Kumar CM APPL 53223/2024, which modified the employee’s punishment from ‘dismissal’ to ‘compulsory retirement.’ The court noted that the employee had challenged the severity of his punishment, citing the principle of parity with co-delinquents who received lesser penalties for similar charges. The court highlighted that there was no substantial difference in the charges against the three co-delinquents that would justify unequal treatment in terms of punishment. It further observed that the only distinguishing factor was the employee’s role as a bank manager, which involved signing the relevant documents and/or reviewing the transactions in question. However, the court concluded that this distinction alone was insufficient to warrant a harsher penalty, particularly since one co-delinquent faced compulsory retirement while another was dismissed. The court pointed out that the dismissal led to the forfeiture of the employee’s entire past service and deprived him of all retiral and terminal benefits, leaving his dependents in a precarious financial situation.

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November 2024

Tech & Human Equation

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