Can Past Misconduct Justify Dismissal? Seeking Advice on Including History in Orders

Greetings: Charges are proved against a workman during the domestic enquiry. However, the present misconduct is not a good ground for dismissal. If we club the past conduct of the workman, it is a good ground for dismissal. My question is, can we mention the past conduct of the workman while passing the dismissal order justifying his dismissal? Earlier, at any stage of disciplinary proceedings, we have not mentioned the past conduct of the workman. Please suggest with case law.

Regards,

It is an injustice. Either you have to mention past misconduct in the charge sheet as well as in the domestic enquiry. But if you do not, then you need to give him relief, and in the future, you can use past misconduct as a reference.

Though the charges are proved in the domestic enquiry, the quantum of punishment shall be based on the gravity of the misconduct proved in the enquiry. If the proved misconduct does not warrant the extreme penalty of dismissal, then it is not advisable to punish him with dismissal. The history of past misconduct can be surely mentioned in the second show cause notice and dismissal order to strengthen the action taken by the Management. However, if the dismissal is only for a small misconduct, then past history, however worst, will not substantiate if the workman challenges the order of dismissal before the Court.

Regards, Ranganathan R S