Travel to one country & going to multiple countries Instead is Misconduct


Delhi High Court has held that seeking permission from employer to travel to one country due to medical emergencies but going to different countries instead, amounts to misconduct and disciplinary action may be initiated against such persons.

The observation made Justice Suresh Kumar Kait while deciding the plea of Anju Bala, who served as a Manager were terminated by the Respondent, GAIL (India) Limited.

She had taken child care leave from the Respondent to travel to China for treatment of her daughter but was found to have travelled to China, Singapore, Malaysia, Hong Kong, Bangkok etc. holding the same to be misconduct, the court stated.

Granting relief to the Petitioner, the court allowed her prayer for re-instatement of her services with all consequential benefits, while noting that the procedure adopted by the company to terminate her in the first place suffered from discrepancies.

The Delhi High Court was in consonance with the Petitioner’s submissions that the Respondent had sanctioned child care leave to the Petitioner and the cancellation of the same for lack of affidavit was never communicated to her. Moreover, the charge sheet so framed by the Respondent authorities was also never served upon the Petitioner.

“when no order cancelling the leave of the petitioner and calling upon her to re-join the duty had been passed and the duly sanctioned leave was cancelled only in the charge sheet, no misconduct could have been alleged against the petitioner and the impugned charge sheet could not have been issued,” the court said.