Disciplinary Authority Of Parent Organization Can Issue Chargesheet Against Employee’s Misconduct In Borrowing Department: Delhi High Court

Disciplinary Authority Of Parent Organization Can Issue Chargesheet Against Employee’s Misconduct In Borrowing Department

Case: N.D. Tyagi V. Power Finance Corporation Ltd. & Ors.

Coram: Chief Justice Satish Chandra Sharma and Justice Subramonium Prasad

Case No.: LPA 373/2022

Court Observation: “Therefore, the learned Single Judge was justified in holding that as the writ petitioner was an employee of PFCL, he was temporarily posted to PFCCL, the charge sheet was rightly issued by competent disciplinary authority even though the misconduct was committed by him while serving PFCCL.”

“The statutory provisions quoted above makes it very clear that they relates to a period during which an employee is on deputation and would operate only during the tenure of service rendered by an employee in the borrowing entity. Once the employee is sent back to his parent department, it is the competent disciplinary authority of the parent organisation which can issue a charge sheet against the misconduct even though it has taken place in the borrowing department.”

“Resultantly, this Court does not find any reason to interfere with the order passed by the learned Single Judge. The appeal is accordingly dismissed,”

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Disciplinary Authority Of Parent Organization, Borrowing Department