Facts in the Case
- X reported to the office on 13.3.2015 with a delay of half an hour.
- The employer dismissed X from service for this delay.
- The employer justified the dismissal by citing rules that provide for such punishment.
- The order of dismissal was challenged by X.
Issues in the Case
- Whether dismissal for being late by half an hour is justified and lawful.
- Whether the punishment imposed is proportionate to the misconduct.
- Whether the employer’s rules permitting dismissal for such delay are valid and reasonable.
Principles Applied
1. Principle of Proportionality in Disciplinary Action
- Disciplinary punishment must be commensurate with the nature and gravity of the misconduct.
- Minor or trivial acts like being late by half an hour usually do not justify harsh punishment like dismissal.
- Courts require a reasonable and just disciplinary procedure.
2. Rules and Regulations
- While the employer’s rules may permit dismissal for lateness, such rules must be reasonable, clear, and not arbitrary.
- The employee should be given an opportunity of hearing and the facts must be established.
3. Judicial Precedents
K.K. Verma v. Union of India, AIR 1963 SC 1117
- The Supreme Court held that punishment must be just, fair, and reasonable.
State Bank of India v. Ram Narain Yadav, AIR 1990 SC 1512
- Dismissal for minor misconduct like late coming was held excessive and disproportionate.
Judgment / Legal Position
- Dismissing an employee for being late by half an hour is generally disproportionate and harsh unless repeated offenses are proven.
- The employer’s rules permitting such punishment must be reasonable and consistent with principles of natural justice.
- If the dismissal was the first punishment for minor lateness without prior warning or inquiry, the order is likely to be set aside.