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ARTICLE · 03 FEBRUARY 2021

Misconduct Enquiry And Ensuing Order - Ten Commandments For Employer

Vaish Associates Advocates
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Hon'ble Supreme Court in State of Uttarakhand v. Sureshwati, reiterated important principles governing realm of enquiry into employee's misconduct and ensuing employer's disciplinary action.

IndiaEmployment and HR
Tushar Shah, Principal Associate, Vaish Associates Advocates
Tushar Shah, Principal Associate, Vaish Associates Advocates
Preshit Khandelwal
Preshit Khandelwal
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Preamble:

Hon'ble Supreme Court in State of Uttarakhand v. Sureshwati, (2021 SCC Online SC 34) reiterated important principles governing realm of enquiry into employee's misconduct and ensuing employer's disciplinary action.

Long story short:

Sureshwati ("Respondent") was employed as an assistant teacher in an unaided school ("School") at Haridwar during July 1993 to May 1994. From July 1994 onwards, she worked as a clerk.

It is Respondent's case that she had been in the employment of the School from July 1994 till March 2006, when she was illegally terminated from employment of School without holding any enquiry or granting her personal hearing. She contended that since the work was of permanent nature, she was entitled to re-instatement with continuity of service.

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