Alerts & Updates 10th Aug 2026

Supreme Court on Disciplinary Punishment: Misconduct May Be Proved, but Dismissal May Still Not Be Justified

Authors

Rajiv Xavier RozarioAssociate | Mumbai
Vivek DaswaneyPartner & Head – Employment and Labour | Mumbai

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The Supreme Court held that dismissal for misconduct must be proportionate to the nature and gravity of the misconduct and based on an independent consideration of the employee’s circumstances. Where misconduct is established through de novo proceedings following a defective enquiry, a fresh show-cause notice on the proposed punishment must be issued before determining the quantum of punishment.

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