Conduct & Disciplinary Rules - 39 : Article from Mr. K.V.Shridharan

 Conduct & Disciplinary Rules - 39 : Article from Mr. K.V.Shridharan

Case Law on Conduct rules

21. Article 21 of the Indian Constitution has provided the following right “no person will be deprived of his life or personal liberty except according to procedure established under law”

22. According to Supreme Court (All India Statutory Corporate Vs United Labour Union and others 1997 (I) LLJ 1113) “the workmen have a fundamental right to life, springs from continued work to earn their livelihood. The right to employment, therefore, is an integral part of right to life”

23. The court further said as under (Franklin Coralia Hullin Vs The Administrator Union Territory of Delhi and others AIR 1981 SC 746 Page 33)    “the right to life enshrined in Article 21 means something more than survival of animal existence. It would include right to life with human dignity”

24. According to High Court of Andhra Pradesh (Smt. Mary Sai Kumari Vs SBI Vijayawada and another 1991 (I) LLJ 356 SC) “ the expression life under Article 21 of the constitution is not static and because of the Judicial Activism of the Supreme Court its horizon is widened to a longer extent. It is now settled that the right to life enshrined in Article 21 means something more than survival of animal existence. It includes the right to live with human dignity, right to have minimum subsistence allowance during suspension period pending disciplinary action including all aspects of life which goes to make a man’s life meaningful, complete and worth living. As right to life include right to livelihood and public employment is the source of living, the same cannot be taken away by any procedure which is not reasonable, fair and just”

25. The simplest definition of the word “misconduct” is provided by the Kerala High Court in the case of  K. Babu Vs UOI (1986 (II) LLJ 474) and accordingly if an act or omission which an employer considers to be against the interest of the smooth functioning of his establishment and which is therefore objectionable is called misconduct,