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S.B.SINHA, MARKANDEY KATJU
U. P. S. R. T. C. – Appellant
Versus
Ram Kishan Arora – Respondent
Certainly. Based on the facts and the connected judgement provided, here is the citation in the requested format:
The court's decision underscores that disciplinary authorities are primarily responsible for determining appropriate penalties based on the evidence of misconduct. Judicial review is limited to assessing whether the punishment is disproportionate or arbitrary, rather than re-evaluating the factual findings of guilt. The courts should exercise caution when substituting or modifying disciplinary sanctions, ensuring that such actions are justified by principles of proportionality and reasonableness. Interference by the judiciary is justified only when the penalty is manifestly unjust or based on improper considerations, reaffirming that disciplinary decisions should generally be upheld unless they are arbitrary or grossly disproportionate to the misconduct established (!) .
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JUDGMENT
S.B. SINHA, J. —
1.Leave granted.
2.Respondent was working with the appellant Corporation constituted under the Road Transport Corporation Act as a conductor. He was discharging his duties in the said capacity in the bus bearing registration No. UP-07B/2932 plying on Dehradun Bhukki route. The said bus was checked by an inspection team. 35 passengers were travelling in the said bus without any travelling ticket although the respondent allegedly had realised fare from them. He obstructed in the checking process by threatening and abusing the authorities. He even did not permit them to make any entry in the way bill. A report in regard to his misconduct was submitted whereupon a chargesheet was issued on 4.04.1996. One Shri T.K. Vishen, Assistant Regional Manager, Dehradun was appointed as the Enquiry Officer. The Enquiry Officer was transferred and in his place one Shri R.K. Gupta prepared the Enquiry Report. The charges of misconduct stood proved against him in the departmental proceedings. Upon issuance of a second show cause notice and upon consideration of the cause shown by him, the appointing authority came to the opinion that it will not be in the interest of th
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