TMI BlogDISMISSAL OF EMPLOYEE FOR MISBEHAVIOR WITH LADY STAFFX X X X Extracts X X X X X X X X Extracts X X X X ..... DISMISSAL OF EMPLOYEE FOR MISBEHAVIOR WITH LADY STAFF - By: - Mr. M. GOVINDARAJAN - Other Topics - Dated:- 24-4-2015 - - The ladies working in the offices are getting more troubles despite enactments have been made to protect their interests. Despite heavy punishments are being imposed for such offences still the same is continuing. The Delhi High Court dealt with one such case in Rajendar ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Singh V. State Bank of India [2015 (4) TMI 663 - DELHI HIGH COURT] In the said case the petitioner filed a writ petition against the order of the Tribunal confirming the dismissal order the petitioner. The petitioner was working in the bank. While he was in service he was charged with the allegation for the misbehavior with the lady staff. Inquiry was conducted. The Inquiry Officer ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... confirmed the charges framed against him and the petitioner was dismissed from service. The petitioner filed appeal before the Central Government Administrative Tribunal against the order of the disciplinary authority. The petitioner contended the following before the Tribunal: The Regional Manager had conspired with Ms. Sunita Jain to remove the petitioner from the services from the ban ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... k; The Regional Manager wanted to accommodate another person in the Delhi Branch and since this was frustrated by the petitioner, a conspiracy was hatched by him to conjure up a false case against him; The Tribunal rejected the said contention as it found no evidence of conspiracy as claimed by the petitioner. The Tribunal also examined the petitioner s appointment letter and the letters ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... sent by one Shri Raheja and concluded that the same did not indicate any conspiracy. If there was a conspiracy not to post the petitioner at Chandni Chowk branch the same would not be offered to him. Another contention put forth by the petitioner before the Tribunal is that Ms. Sunita Jain recovered union subscription from the pay and allowances of the petitioner in an arbitrary manner. The Tr ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ibunal considered the testimony of Ms Sunita Jain and held that it was done as a routine manner and the same did not bring the benefit Sunita Jain in any manner. The Tribunal confirmed held that the charges of misconduct with a lady staff were proved and the petitioner was imposed correctly the dismissal order from the services of the bank. The petitioner before the High Court contended that t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he Tribunal relied on the sole testimony of Ms. Sunita Jain and held that the charges of misconduct within the meaning of paragraph 19.5 and (j) of the Bipartite Settlement dated 19.10.1966, were proved against the petitioner and confirmed the dismissal order. The High Court considered the issue to be discussed is whether the Tribunal had considered the facts in correct perspective. The petiti ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... oner contended that the Tribunal had segregated the issue of sexual molestation from other controversies pointed out by the petitioner. The Tribunal has failed to view the factual matrix in its entirety and had merely focused its attention of the allegations made by Ms. Sunita Jain. The High Court did not accept the contentions of the petitioner. The High Court found that the Tribunal had not ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... only evaluated the evidence of the petitioner but also considered his defence. The Tribunal had considered the conspiracy theory advanced by the petitioner. The Tribunal had found that there was no material to support the same. In the view of the High Court the decision of the Tribunal could not be found fault. In the present case there is no evidence of any deep enmity between the petitione ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... r and Ms. Sunita Jain or an other official of the bank. The fact that Ms. Sunita Jain had been preparing the salary bill of the petitioner along with other employees and had been deducting union subscription which was objected to by the petitioner, cannot possibly lead to the conclusion that there was any deep enmity between the petitioner and Ms. Sunita Jain. It is not also possible to accept ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... that there is any animosity between the petitioner and the Regional Manager, which would prompt the officials and Ms. Sunita Jain to hatch a conspiracy for petitioner s removal. The High Court also held that the Tribunal had found that there was no evidence that the Regional Manager was conspiring with Mr. Sunita Jain against the petitioner, It is, in this context, that the Tribunal noted tha ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t there was no record that the Regional Manager had come to Delhi at the material time. There was no evidence that could reasonably lead to the conclusion that there was any conspiracy between the Regional Manager and the lady staff to get rid of the petitioner. Thus the conclusion of the Tribunal could not be found faulted. In cases where no domestic enquiry is held or if so held has been h ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... eld to be vitiated, it is necessary that the Tribunal evaluates the evidence adduced before it. The Tribunal has to rule out the possibility that the allegations have been leveled against the workman with ulterior motives or are mala fide. Further the Tribunal needs to ensure that the proceedings are not the result of victimization or an unfair labor practice. The High Court held that the Tr ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ibunal has appreciated the evidence and arrived at a conclusion. It is well established that this Court, while exercising its powers under Article 226 of the Constitution of India , would not interfere with the findings of the fact unless the same are perverse or based on no evidence at all. The High Court found no reason to interfere with the impugned award. The High Court dismissed the p ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... etition. - - Scholarly articles for knowledge sharing authors experts professionals Tax Management India - taxmanagementindia - taxmanagement - taxmanagementindia.com - TMI - TaxTMI - TMITax ..... X X X X Extracts X X X X X X X X Extracts X X X X
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