Calcutta High Court Allows Past Misconduct to be Considered While Deciding Employee Punishment

The Calcutta High Court held that an employee’s past misconduct can be taken into account when determining the quantum of punishment in disciplinary proceedings.

The Division Bench was hearing the case of a CISF constable who had denied three charges of alleged misconduct and was subsequently facing discharge from service.

The Court clarified that while the charges against an employee must be clear and specific, referencing prior misconduct does not make the proceedings invalid. It relied on State of Mysore v. K. Manche Gowda, affirming that an employee’s past conduct may guide the determination of appropriate punishment.

[Yeshveer v Union of India & Ors.]