Dear All
In subordination needs to be proved and it should be wilful. In service matters it would include an act of revolt against superior; a challenge to the authority of superior, an agitation against the superior, any act which humiliates, insults or degrades the dignity and decorum of superior's authority, words which deliberately cast a slur or stigma on the superior, language employed to denigrate the superior, condemnation which demoralises and shatters the public confidence, an act or use of expression which pollutes and militates against loyalty, an unbecoming gesture without words and like matters; what constitutes insubordination depends on facts and circumstances of each case. The offender may not realise the consequences, therefore examination from his angle would be irrelevant. How it is received by the other side, what is the reflection on the administration and discipline of the office would be very relevant. Ref B.M. Baliga vs Vijaya Bank decided on 11 July, 1990 by Karnataka High Court ILR 1991 KAR 4361, 1991 (4) KarLJ 721-
With Regards
VS Rajan Associates,
Advocates & Notaries -Legal Consultants-HR
No.27, Ist Floor, Singapore Plaza,
No.164, Linghi Chetty Street,
Chennai - 600 001.
E-mail : rajanassociates@eth,net,
Off : 044-42620864, 044-65874684,
Mobile : 9025792684.
|
