Awarding a penalty to an employee depends on the nature and gravity of the charge. For example, an employee can be dismissed only if the charge against him is of a grave character, such as a corruption charge. Moreover, even for a grave charge, the departmental enquiry has to be conducted wherein the employee has to be given full reasonable opportunity of being heard, as per the procedure for conducting detailed departmental enquiry.
Therefore, merely because an employee has been charge sheeted 5 times, does not mean that he can be directly dismissed from service. It depends on the nature of the charge as to how serious the charge is. Moreover, as mentioned above, even if the charge is serious, first the departmental enquiry will have to be conducted, and then only any penalty can be awarded, whether dismissal from service or any other penalty.
Dr. Ashok Dhamija is a New Delhi based Supreme Court Advocate and author of law books. Read more about him by clicking here. List of his Forum Replies. List of his other articles. List of his Quora Answers. List of his YouTube Videos.
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