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Supreme Court of India 2019-07-29 allowed

RATHIN GHOSH vs WEST BENGAL STATE ELECTRICITY DISTRIBUTION COMPANY LTD

Bench: 2 — Ashok Bhushan, Navin Sinha

In Brief

Rathin Ghosh, a Superintending Engineer with 22 years' unblemished service at West Bengal State Electricity Distribution Company, was dismissed for alleged misconduct: attending an IEEMA conference and receiving air tickets via M/s. Secure Meters' travel agent. The Supreme Court held both charges were unsubstantiated—the appellant had informed his superior and later obtained casual leave; he personally paid the air ticket invoice, with no evidence of any benefit from the bidder. The Court found the dismissal disproportionate and the punishment of permanent pension withholding and gratuity forfeiture lacked jurisdictional basis under the applicable regulations. The Court treated the appellant's resignation as voluntary retirement and directed payment of all retirement benefits within two months.

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Administrative Law Disciplinary Proceedings Service Law Civil Service Proportionality of Punishment Jurisdiction Constitutional Law

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