Case Note & Summary
The appellant, Umesh Kalyanrao Galande, was a helper employed by the Maharashtra State Road Transport Corporation. He applied for permission to contest elections to the Municipal Council, Akot, scheduled for 24.11.1991, on 25.10.1991. The last date for withdrawal of nomination was 11.11.1991. On 22.11.1991, the employer refused permission. Despite the refusal, the appellant contested the election and lost. He was served with a chargesheet on 11.11.1993 alleging gross insubordination and wilful disobedience of a lawful order. After a disciplinary inquiry, he was dismissed from service. The appellant challenged the dismissal in a writ petition, which was dismissed. In the Letters Patent Appeal, the sole contention was that the punishment of dismissal was shockingly disproportionate. The court noted that Regulation 48B required prior permission to contest elections, and the appellant had not obtained it. The court held that the punishment was not disproportionate, as the appellant had ample opportunity to withdraw his candidature after the refusal but chose not to. The appeal was dismissed.
Headnote
A) Service Law - Misconduct - Contesting Election Without Permission - Regulation 48B of Bombay State Transport Employees Services Regulations - The appellant, a helper with the respondent Corporation, contested municipal council elections without obtaining prior permission as required under Regulation 48B. The employer refused permission after the last date of withdrawal of nomination. The appellant contested and lost both the election and his employment. The court held that the punishment of dismissal was not disproportionate given the clear violation of regulations and the appellant's failure to withdraw after refusal. (Paras 2-6)
Issue of Consideration
Whether the punishment of dismissal for contesting an election without permission is shockingly disproportionate to the misconduct.
Final Decision
The appeal is dismissed. The punishment of dismissal is upheld.
Law Points
- Proportionality of punishment
- misconduct of contesting election without permission
- Regulation 48B of Bombay State Transport Employees Services Regulations
