Court can intervene if employee is unfairly punished: SC

[Vivek]

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May 27, 2008 17:20 IST

The Supreme Court has ruled that courts can intervene not only when an individual's rights are violated, but even when he is unjustly punished by his employer.

A bench of Justice S B Sinha and Justice L S Panta said the concept of equality as enshrined in Article 14 of the Constitution embraces the entire realm of State action, irrespective of the fact whether it is legislative or executive.

"It would extend to an individual as well, not only when he is discriminated against in the matter of exercise of right, but also in the matter of imposing liability upon him," the Apex Court said while quashing the punishment imposed by the Haryana government on a sub-inspector.

The aggrieved sub-inspector had approached the Apex Court challenging the penalty, of denial of two increments, imposed on him by the State after a departmental inquiry held him guilty of 'slackness in the discharge of his duties.'

Man Singh, serving as a sub-inspector at Rohtak, was deputed as in-charge of the police party, comprising assistant sub-inspector Sucha Singh and head constables Suresh Bhan and Vijay Pal, formed to take two government vehicles for repairs to Hyderabad from Chandigarh.

Vijay Pal allegedly concealed 12 liquor bottles in the vehicles' boot, without informing Man Singh, and these were seized by the Excise department officials of Andhra Pradesh.

After the departmental inquiry, the officials chose to exonerate Vijay Pal for the incident on the ground that the criminal court had acquitted him of the charge, but chose to impose the punishment of denial of two increments on Man Singh.