An appeal must be made in order to challenge a decision and not on the quantum of punishment: Calcutta High Court
Citation: Pradip Mandal v Union of India and Ors. (Calcutta High Court WP 2991 of 2016)
Highlights:
In this case it was held that an inquiry report made by the ICC binds the employer.
Facts:
A case of sexual harassment had been filed against the petitioner. The ICC in this case found the petitioner guilty and the Disciplinary Authority punished him as well. The Petitioner received the punishment before he received the report which had been made by the ICC. The Petitioner appealed against the punishment which was handed out to him, at the Calcutta High Court. However, the challenge was only relating to the extent of the punishment, rather than the validity of the ICC’s decision.
Judgement:
The Court dismissed the appeal of the Petitioner, holding that the decision taken by the ICC in this case was sound and had not been challenged, it was thus relevant and there were no questions regarding its validity.
Rationale:
As the Petitioner had challenged the punishment that was handed out to him, and not the decision of the ICC itself, the Court held that the decision would remain valid and that the action of the employer in punishing the Petitioner was also legal as he was simply acting upon the unchallenged report of the ICC.
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