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thirteen. The Supreme Court docket has held that as soon as the act of misconduct is set up and the employee is located guilty immediately after because of means of legislation, it's the prerogative of your employer to determine the quantum of punishment, away from the different penalties delivered in law. The everyday or unpremeditated observation which the penalty imposed isn't proportionate Together with the seriousness with the act of misconduct will not be sufficient but the get will have to exhibit the competent authority has utilized its head and exercised the discretion inside a structured and lawful way. Browse much more

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They later on ended up introduced underneath section 169 resulting from failure by eyewitness to acknowledge them through identification parade.

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He further more states that any order passed in opposition to respondent No. 2 would wish to comply with law and have to be overruled accordingly.

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