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

Latest Thought Leadership

Alerts & Updates 8th Oct 2026

EXEMPTION FROM THE REQUIREMENT OF MANDATORY MERCHANT BANKER APPOINTMENT FOR DEBT ISSUED THROUGH PRIVATE PLACEMENT BY CERTAIN LISTED ISSUERS

Read More
international trades
Alerts & Updates 30th Sep 2026

BIS Update: Temporary Suspension of the Linear Alkyl Benzene Quality Control Order

Read More
Alerts & Updates 25th Sep 2026

Key decisions taken in the SEBI Board Meeting dated 24th September 2026

Read More
international trades
Alerts & Updates 24th Sep 2026

ELP Sanctions Update – Foreign Sanctions and Contractual Obligations: Delhi High Court Directs Resumption of SAP Support Services to Nayara Energy

Read More

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.

Privacy Policy

As per the rules of the Bar Council of India, lawyers and law firms are not permitted to solicit work or advertise. By clicking on the "I Agree" button, you acknowledge and confirm that you are seeking information relating to Economic Laws Practice (ELP) of your own accord and there has been no advertisement, personal communication, solicitation, invitation or any other inducement of any sort whatsoever by or on behalf of ELP or any of its members to solicit any work through this website.