New Delhi, Jul 18 (UNI) Misappropriation or pilferage of amount by an employee amounts to misconduct and the penalty of dismissal from service was fully justified irrespective of the amount involved, the supreme court has ruled.
The court set aside the judgement of Karnataka High Court as well as labour court ordering reinstatement of a bus conductor found in a drunken state while on duty and with cash collection short by Rs 360.95.
A bench comprising Justice A R Lakshmanan and Justice Lokeshwar Singh Panta, in their judgement yesterday, observed, ''this court in a catena of judgements held loss of confidence as the primary factor and not the amount of money misappropriated and that the sympathy or generosity cannot be a factor which is impermissible in law. When an employee is found guilty of pilferage or of misappropriating a corporation's funds, there is nothing wrong in the corporation losing confidence or faith in such an employee and awarding punishment of dismissal. In such cases, there is no place for generosity or misplaced sympathy on the part of the judicial forum and interfering, therefore, with the quantum of punishment.'' The court allowed the appeal filed by divisional controller, NEKRTC, and directed the appellant to immediately discharge responmdent H Amaresh from service immediately.
The court, however, directed that the money already paid to the respondent shall not be recovered but he shall not be entitled to any further emoluments.
Amaresh was found on duty in drunken state on December 28, 1990 and the cash collection, when checked, was found short by Rs 360.95.
High Court vide impugned order dated July 22, 2003 retained the order of reinstatement of the respondent while setting aside the directions of the labour court directing payment of 25 per cent back wages.
UNI AKS/SC PK RS1703
The court set aside the judgement of Karnataka High Court as well as labour court ordering reinstatement of a bus conductor found in a drunken state while on duty and with cash collection short by Rs 360.95.
A bench comprising Justice A R Lakshmanan and Justice Lokeshwar Singh Panta, in their judgement yesterday, observed, ''this court in a catena of judgements held loss of confidence as the primary factor and not the amount of money misappropriated and that the sympathy or generosity cannot be a factor which is impermissible in law. When an employee is found guilty of pilferage or of misappropriating a corporation's funds, there is nothing wrong in the corporation losing confidence or faith in such an employee and awarding punishment of dismissal. In such cases, there is no place for generosity or misplaced sympathy on the part of the judicial forum and interfering, therefore, with the quantum of punishment.'' The court allowed the appeal filed by divisional controller, NEKRTC, and directed the appellant to immediately discharge responmdent H Amaresh from service immediately.
The court, however, directed that the money already paid to the respondent shall not be recovered but he shall not be entitled to any further emoluments.
Amaresh was found on duty in drunken state on December 28, 1990 and the cash collection, when checked, was found short by Rs 360.95.
High Court vide impugned order dated July 22, 2003 retained the order of reinstatement of the respondent while setting aside the directions of the labour court directing payment of 25 per cent back wages.
UNI AKS/SC PK RS1703
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