PUNJAB WATER SUPPLY SEWERAGE BOARD AND ANR. versus RAM SAJIVAN AND ANR.

PUNJAB WATER SUPPLY SEWERAGE BOARD AND ANR. versus RAM SAJIVAN AND ANR.

When termination of service for misconduct is set aside and employee is reinstated, the employer is entitled to initiate regular departmental proceedings notwithstanding passage of time or the fact that employee was let off on probation following conviction for act of indiscipline, and indiscipline such as assaulting a superior officer at workplace should be considered seriously.

Parties
Appellant: Punjab Water Supply Sewerage Board; Respondent: Ram Sajivan
Jurisdiction
India
Judgment Date
26 April 2007
Procedural Posture
Civil Appeal / Appeal From the High Court of Punjab & Haryana at Chandigarh (cwp No. 12762 of 2002)
Outcome
Appeal allowed to the extent that employer is granted liberty to initiate disciplinary proceedings; impugned High Court judgment is set aside.
Legal Topics
Termination of Service, Industrial Disputes, Disciplinary Proceedings, Probation of Offenders Act, Reinstatement
Labour Law Employment Law Termination of Service Industrial Disputes Disciplinary Proceedings Probation of Offenders Act Reinstatement

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Parties

Punjab Water Supply Sewerage Board

Appellant

Ram Sajivan

Respondent

Procedural Posture

Civil Appeal / Appeal From the High Court of Punjab & Haryana at Chandigarh (cwp No. 12762 of 2002)

Legal Issues

  1. 1 Whether reinstatement on setting aside of termination for misconduct bars initiation of disciplinary proceedings due to conviction and probation for offence of indiscipline.
  2. 2 Whether long delay precludes initiation of disciplinary proceeding after reinstatement.

Ratio Decidendi

When termination of service for misconduct is set aside and employee is reinstated, the employer is entitled to initiate regular departmental proceedings notwithstanding passage of time or the fact that employee was let off on probation following conviction for act of indiscipline, and indiscipline such as assaulting a superior officer at workplace should be considered seriously.

Court Disposition

Appeal allowed to the extent that employer is granted liberty to initiate disciplinary proceedings; impugned High Court judgment is set aside.

Orders

  • Liberty is granted to the appellant to initiate disciplinary proceedings against the respondent.
  • Appellants may pass appropriate order in accordance with law after such proceedings.