Surekha Domaji Bele vs Executive Engineer Testing Division ...

The appellant, Surekha Domaji Bele, a former Upper Division Clerk with Maharashtra State Electricity Distribution Company Limited (MSEDCL), was dismissed from service on 12.07.2017 following disciplinary proceedings initiated in 2006 on charges of indiscipline, insubordination, tampering with official documents, and negligence. The domestic enquiry was found to be unfair by the Labour Court, but on revision the Industrial Court remanded the matter and permitted the management to prove misconduct by leading fresh evidence before the Labour Court, which ultimately held the misconduct proved. The appellant challenged the dismissal order on grounds including competence of the disciplinary authority, absence of a fresh post-enquiry show-cause notice, non-payment of subsistence allowance, illegal treatment of the suspension period as punishment, and disproportionality of penalty, but these contentions were rejected by the Labour Court, the Industrial Court, and the Bombay High Court (Nagpur Bench). The Supreme Court granted leave to hear the appeal arising from the High Court's dismissal of the writ petition dated 05.04.2024 and the rejection of the review application dated 11.11.2024.

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