Termination – Disciplinary Inquiry on Anonymous Complaint after 16 years – Propriety and Legality
On 20.10.2006, the petitioner was selected and appointed as Senior Clerk, promoted as Head Clerk on 13.9.2010, as Deputy Manager on 7.12.2012 and Manager on 19.4.2018.
On 23.3.2022, charge sheet was issued on the basis of anonymous complaint on three allegations.
HELD that this Court had earlier directed the authorities to refrain from entertaining anonymous complaints. They lodge complaints by targeting select few employees and the employers buckle under pressure of such outfits and initiate enquiries against their employees who have settled in employment for decades.
Having considered the charges, it is found that the punishment of termination from service is shockingly disproportionate to the gravity and seriousness of the minor misconduct. Her past service of 18 years is unblemished which is a mitigating factor. Hence, it is appropriate to substitute punishment by imposing lesser punishment of stoppage of one increment temporarily for a period of two years.
Judgment dated 17.4.2025 of the High Court of Bombay in Writ Petition No.7096 of 2024 of Jayashri Amardeep Shinde Vs. Mahatransco and another
