Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Labour Law Misconduct |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Labour Law - Misconduct - Removal - Propriety - Appellant, workman and trade union leader, at an Atomic power project - Accident at the project due to heavy rains - Appellant wrote letter to Editor of a vernacular newspaper narrating about the incident and also highlighting serious lapses on the part of the project authorities in regard to functioning of the project and the imminent danger to it - Removal of appellant on ground that he unauthorisedly communicated to the Press, official information concerning the project; made statement, which amounted to criticism of the project management or casting of aspersion on the integrity of its authorities and enabled the press to create a news story creating embarrassment to the project as well as to the State authorities - Punishment imposed on the appellant - Held: Was not disproportionate - Appellant without any justification assumed the role of vigilante - Action of appellant was not merely to highlight shortcomings in the organization - Appellant indulged in making scandalous remarks by alleging that there was widespread corruption within the organization - Such allegations clearly had a deleterious effect throughout the organization apart from casting shadows of doubts on the integrity of the entire project - Conduct of appellant did not fall within the high moral and ethical standard required of a bona fide "whistle blower" - Employees working within the highly sensitive atomic organization are sworn to secrecy and have to enter into a confidentiality agreement - Appellant failed to maintain the standards of confidentiality and discretion as required - No injustice much less any grave injustice done to the appellant. Labour Law - Departmental Enquiry - Admission by delinquent workman - Closure of enquiry proceedings - Removal - Plea for re-opening of the enquiry - Rejected by the Appellate as well as the Revisional Authority- High Court declined to reopen the issue - On appeal, held: Once the Enquiry Officer had declined to accept the conditional admission made by the appellant-delinquent, it was open to him to deny the charges - But he chose to make an unequivocal admission, instead of reiterating his earlier denial as recorded in preliminary hearing - Extraordinary jurisdiction u/Article · 136 cannot be exercised for re-opening the entire issue at this stage - Such power reserved to enable the Supreme Court to prevent grave miscarriage of justice - It is normally not exercised when the High Court has taken a view that is reasonably possible - On facts, appellant failed to demonstrate any perversity in the decision rendered by the High Court - He cannot now be permitted to resile from the admission made before the Enquiry Officer - Constitution of India, 1950 - Article 136. Corruption - Prevention of - Informer - "Whistle blower" - Who is - Held: Every informer cannot automatically be said to be a bonafide "whistle blower" - "Whistle blower" would be a person who possesses the qualities of a crusader - His honesty, integrity and motivation should leave little or no room for doubt - Primary motivation for action of a person to be called a "whistle blower" should be to cleanse an organization - It should not be incidental or byproduct for an action taken· for some ulterior or selfish motive - On facts, the appellant-delinquent did not fulfill the criteria for being granted the status of a "whistle blower". |
Judge | Hon'ble Mr. Justice S.S. Nijjar |
Neutral Citation | 2013 INSC 227 |
Petitioner | Manoj H. Mishra |
Respondent | Union Of India & Ors. |
SCR | [2013] 5 S.C.R. 770 |
Judgement Date | 2013-04-09 |
Case Number | 2969 |
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