Service Law : Principles of Penalty on Employees and Procedure to be Followed

Service Law : Principles of Penalty on Employees and Procedure to be Followed

The law was explained in Yoginath D. Bagde v. State of Maharashtra and Another [1999] GCtR 2697 (SC). In this case, penalty Order was quashed and employee was directed to be paid arrears. In this case, allegations of corrupt practices, gross misconduct were made. The findings of charges being proved against employee was held to be illegal. 

It was held that before Disciplinary Authority finally disagrees with the findings of the Inquiring Authority, it would give an opportunity of hearing to the delinquent officer so that he may have the opportunity to indicate that the findings recorded by the Inquiring Authority do not suffer from any error and that there was no occasion to take a different view. The Disciplinary Authority, at the same time, has to communicate to the delinquent officer the "TENTATIVE" reasons for disagreeing with the findings of the Inquiring Authority so that the delinquent officer may further indicate that the reasons on the basis of which the Disciplinary Authority proposes to disagree with the findings recorded by the Inquiring Authority are not germane and the finding of "not guilty" already recorded by the Inquiring Authority was not liable to be interfered with.