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Gravity Of Misconduct, Past Conduct, Previous Penalty To Be Considered Before Dismissal From Service: Allahabad High Court

By - King Stubb & Kasiva on October 14, 2023

The Allahabad High Court has ruled that when imposing a significant punishment such as dismissal from service, the disciplinary authority should consider various factors, including the gravity of misconduct, past conduct, nature of duties, position in the organization, previous penalties, and the need to enforce discipline. The case involved an employee dismissed from service due to unauthorized absence for about ten months. The Central Administrative Tribunal set aside the significant punishment and remanded the matter to the disciplinary authority. The court upheld the Tribunal's decision, stating that all relevant factors should have been examined before awarding the punishment of dismissal.

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