https://www.taxtmi.com/caselaws?id=304583 A discretionary discharge based on four red ink entries cannot be applied mechanically; the authority must assess the nature and gravity of the misconduct, the employee's explanation to the show-cause notice, and other relevant safeguards before acting. A decision resting only on the numerical threshold is invalid because it fails to show application of mind to the material circumstances. The later regulations were noted to require the same case-specific enquiry, consideration of aggravating circumstances, and reasons for discharge. On the facts, the discharge order did not reflect such consideration, so it was set aside and relief was granted with limited consequential pensionary treatment. en-us Thu, 14 Jul 2022 00:00:00 +0530 Thu, 06 Oct 2022 23:18:32 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=304583 A discretionary discharge based on four red ink entries cannot be applied mechanically; the authority must assess the nature and gravity of the misconduct, the employee's explanation to the show-cause notice, and other relevant safeguards before acting. A decision resting only on the numerical threshold is invalid because it fails to show application of mind to the material circumstances. The later regulations were noted to require the same case-specific enquiry, consideration of aggravating circumstances, and reasons for discharge. On the facts, the discharge order did not reflect such consideration, so it was set aside and relief was granted with limited consequential pensionary treatment. Case-Laws Indian Laws Thu, 14 Jul 2022 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=304583