V.N.KHARE, M.B.SHAH, A.S.ANAND, B.N.KIRPAL, K.VENKATASWAMI
U. P. State Road Transport Corporation – Appellant
Versus
A. K. Parul – Respondent
ORDER
1. This appeal by special leave is directed against the order of the Allahabad High Court dated 20-8-1991 in Writ Petition No. 8467 of 1988.
2. The respondent, formerly a Bus Conductor, was charged for taking certain passengers without ticket. An enquiry was conducted departmentally and he was found guilty. The Disciplinary Authority removed the respondent from the post of Conductor. He moved the High Court challenging the order of removal. The High Court, while concurring with the finding of the authority that charges levelled against the respondent were proved, however, held that the punishment awarded did not commensurate with the gravity of the charge. On that basis, the High Court set aside the punishment and directed the reinstatement of the respondent. If further gave direction to extend all the benefits to the respondent arising out of the setting aside of the removal order.
3. Aggrieved by that, this appeal is filed by the appellant. This Court consistently has taken the view that while exercising judicial review the courts shall not normally interfere with the punishment imposed by the authorities and this will be more so when the Court finds the charges were proved
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