KOCHI:The High Court has held participating in a ‘dharna’ conducted on the office premises will amount to misconduct, even if it is held beyond office hours.“If it is held once the office time is over, anybody can conduct a demonstration on the premises, even if it is a peaceful demonstration..., it will spoil the work culture and cause hindrance to willing workers/officers in the office. As such, even if it is beyond office hours, the act/deed committed by the employee would amount to misconduct and is to be proceeded against,” the court observed.
The order was issued on an appeal filed by the Comptroller and Auditor General (CAG) seeking to quash the administrative tribunal order issued in favour of A Kunjuraman, who was senior auditor in the office of the Principal Accountant General (Audit), Kerala, in Thiruvananthapuram. The CAG petition said action was initiated against Kunjuraman based on misconduct committed on different dates, for allegedly participating in a ‘dharna’ on the office premises during office hours by shouting slogans and blockading authorities. Kunjuraman participated in the demonstration around 4.40 pm on the premises and remained there till 5.30 pm.
“The enquiry officer had punished Kunjuraman for participating in the dharna. The finding of misconduct was concurred by the Appellate Authority. However, Kunjuraman challenged the petition before the Administrative Tribunal which remanded the matter saying the punishment imposed was disproportionate to the gravity of proven misconduct,” said the CAG petition. The High Court held the finding rendered by the enquiry officer and the Appellate Authority will be sustained.
“It is a settled law that an act or deed committed by a person even outside the premises of employment will amount to misconduct if it tarnishes the employer’s image. The position gathers more momentum, when such an act is pursued on the office premises though after office hours,” the court said. It said, “Owing to different work culture involving high quantum of work and with limited hands available, it may be necessary for officers/staff to continue in office beyond office hours. Clients, prospective customers or those looking to avail of service might still be in the office. Even if it is beyond office hours, the act committed by the employee will amount to misconduct.”