Mumbai News

NCSC not an appellate body against disciplinary action taken by employer: Bombay HC – Times of India

MUMBAI: The Bombay high court in a recent order held that the National Commission for the Scheduled Caste (NCSC) “cannot act as an appellate authority against an order passed by an employer taking disciplinary action against an employee by the employer.’’
The HC bench of Justices R D Dhanuka and Kamal Khata in a July 27 judgment , made available on Friday said, the commission has no such jurisdiction to interfere with the decision of compulsory retirement already taken by the employer—the Ministry of defence– against a staff nurse in Cantonment Board Hospital, Deolali, after following all procedures.
The nurse had filed a review petition in 2013 before the commission against her compulsory retirement, alleging injustice and harassment. The commission in March 2022 observed that after going through the merits of the case “injustice was incurred upon the Scheduled Caste employee and the punishment given on compulsorily retirement was draconian in nature. ‘’
The commission had also called for re-investigation of the whole matter.
The Defence Ministry moved the HC to challenge the Commission’s order and observations. Its counsel Neeta Masurkar said the Commission’s order is void and cannot be enforced.
Legal aid advocate Anil Jamsandekar for the nurse argued that she had suffered injustice due to “illegal disciplinary action’’ by the Defence Ministry.
The HC noted that the nurse had exhausted her legal remedies and once the action attained finality, “such employee cannot file such application before the respondent no.1 Commission to interfere with the action initiated by the employer in accordance with the service conditions and in accordance with law.”
The HC directed that the complaint filed by the nurse before the commission is dismissed.

Source: https://timesofindia.indiatimes.com/city/mumbai/ncsc-not-an-appellate-body-against-disciplinary-action-taken-by-employer-bombay-hc/articleshow/93376460.cms