In the present case the employee was transferred to Alwar from Jaipur by Punjab National Bank (PNB) and due to her family and medical circumstances, she could not join the Alwar Branch. She submitted multiple representations to reconsider her case and cancel her transfer, but this was not accepted by PNB. Therefore, she remained absent unauthorizedly. PNB issued a chargesheet for her conduct of unauthorized absence and after holding an enquiry, the punishment of compulsory retirement was imposed.
Looking at the peculiar facts and circumstances of the present case and looking at the past record of twenty-five years of unblemished service of the employee, the High Court of Rajasthan while exercising the power of judicial review, invoked the doctrine of proportionality and held that the punishment was disproportionate and ordered the reinstatement of the employee.
[1] High Court of Judicature for Rajasthan Bench at Jaipur in S.B. Civil Writ Petition No. 7612/2015
