Sacking for non-filing of property returns justified: SC

New Delhi (PTI): Non filing of property returns can be treated as an act of "misconduct" warranting dismissal of an employee, the Supreme Court has held in relation to an Indian Air Force employee.

The apex court said the dismissal is justified as long as the IAF rules treat such an act as a "misconduct" for imposing the punishment.

"It is evident from records that the prescribed period for filing property return is six months and though the appellant was aware of the requirement he did not choose to file any return. Even during the course of inquiry, no return was filed and it was filed after a show cause notice was issued", the court pointed out.

"That being so, there is no merit in this appeal which is accordingly dismissed," said a bench of Justices Arijit Pasayat and Asok Kumar Ganguly while rejecting the appeal filed by Praveen Bhatia challenging his dismissal from service.

The authorities, by an order of June 24, 1992, "compulsorily retired" (dismissed) Bhatia from service in exercise of powers conferred by Section 19 of the Air Force Act, 1950, and Rule 15 of the Air Force Rules, 1969.

Though there were a number of allegations of misconduct against him, the main charge was that he failed to file his property returns. He had not filed the transactions for the period between 1981 to 1986 and the return was belatedly filed after about six years on March 23, 1992.