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That no loss or profit occurred from the delinquent action is no defence

In Mihir Kumar Hazara Choudhury vs Life Insurance Corpn. & Anr., the Supreme Court while dismissing the appeal filed by an Assistant of LIC against punishment imposed for financial irregularities on job, observed that the delinquent employee cannot make a plea that punishment ought to be avoided as no loss or profit was caused as a result of the misconduct.

The appellant was found to have issued receipts to policy holders, without actually receiving payment from them. On notice being issued to him, he did not specifically deny the charges, but made a plea that the error happened due to pressure of work and family worries. The enquiry officer entered a finding that the appellant acted with mala fides. On the basis of enquiry report, the appellant was dismissed from service.

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