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Supreme Court of India 2022-04-21 allowed

Indian Oil Corporation Ltd vs Rajendra D. Harmalkar

Bench: 2 — M.R. Shah

In Brief

An employee of Indian Oil Corporation (the respondent) was dismissed from service after it was discovered he had submitted a forged SSLC certificate when seeking employment as a Refueling Helper in 1982. A departmental inquiry proved the charge of submitting false documentation. The High Court set aside the dismissal and ordered reinstatement without back wages. The Supreme Court reversed this, holding that producing a forged certificate is grave misconduct that destroys trust between employer and employee. The Court held that High Courts have limited power to interfere with disciplinary punishments and can do so only when the punishment is shockingly disproportionate. Since dismissal was justified, the High Court exceeded its jurisdiction and the original dismissal order was restored.

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Labour and Employment Law Disciplinary Proceedings Judicial Review Civil Service Administrative Law Proportionality of Punishment

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