Superannuated employee can also be dismissed for misconduct: Karnataka HC

Superannuated employee can also be dismissed for misconduct: Karnataka HC

Karnataka High Court in Gururaj s/o RamacharyaHavanur vs. The Management of Syndicate Bank (WP 109981/2015)on June 14, 2023 upheld the dismissal order passed by the employer against the employee who was superannuated at the time of passing of the dismissal order holding that punishment of dismissal can very well be passed after superannuation as decided by the Supreme Court in Chairman cum Managing Director, Mahanadi Coalfields Limited vs. Rabindranath Choubey. In a case of proven misconduct, when the statute empowers the disciplinary authority for passing appropriate punishment and if the punishment imposed is upheld by the appellate authority, the courts/tribunals have very little scope to interfere. Unless the punishment is shockingly/strikingly disproportionate or harsh, in normal circumstances, the courts/tribunals cannot interfere with the same.

Also read: Pay discrimination alarming among blue collar and gender: Report

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November 2024

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