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N. KOTISWAR SINGH, SURYA KANT
Union of India – Appellant
Versus
NO. 900224364 Const/G. D. Jageshwar Singh – Respondent
Certainly. Based on the provided legal document, here are the key points:
The Supreme Court upheld the authority of disciplinary bodies in service law to impose punishment commensurate with the severity of misconduct, emphasizing that prior minor misconduct can be relevant in assessing proportionality (!) (!) (!) .
The Court clarified that the scope of judicial review in disciplinary matters is limited to ensuring that punishments are not arbitrary or vengeful and that authorities maintain proportionality based on the gravity of misconduct (!) (!) .
The case involved a constable in a disciplined force who was found guilty of robbing a cash box during duty, with the misconduct established through a confession and inquiry, and the punishment of dismissal was initially imposed (!) (!) .
The High Court had previously directed the authorities to reconsider the punishment, suggesting that the severe penalty might be disproportionate, especially considering the respondent's cooperation and remorse (!) (!) .
The Supreme Court emphasized that in service jurisprudence, especially within disciplined forces, the gravity of misconduct must be reflected in the punishment, and past minor misconduct can be relevant for assessing proportionality (!) (!) (!) .
The Court highlighted that discipline, ethics, and loyalty are essential in such forces, and misconduct involving moral turpitude warrants strict discipline, including dismissal, regardless of past minor infractions (!) (!) .
The Court rejected the High Court's intervention to reduce the punishment based on the respondent's overall conduct, affirming that the misconduct was grave and justified the original punishment of dismissal (!) (!) .
Ultimately, the Supreme Court allowed the appeal, set aside the High Court's order directing reconsideration of the punishment, and dismissed the respondent's writ petition, affirming the disciplinary authority's decision to dismiss the respondent (!) .
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| Table of Content |
|---|
| 1. background and appeals by union and itbp. (Para 1 , 6 , 7 , 8 , 9) |
| 2. dismissal of constable for misconduct. (Para 2 , 3 , 4) |
| 3. doctrine of proportionality in disciplinary action. (Para 5 , 12) |
| 4. importance of discipline in itbp. (Para 10 , 11) |
| 5. appeal allowed; dismissal upheld. (Para 13) |
ORDER
1. Leave granted.
2. The Union of India and the Indo Tibetan Border Police (in short, the "ITBP") are in appeal against the order dated 27.09.2018 passed by a Division Bench of the High Court of Uttarakhand, whereby the order dated 08.11.2012 rendered by a learned Single Judge has been upheld. The cumulative fact of both the orders is that the respondent, who was dismissed from service, has been granted relief with respect to the quantum of punishment and a direction has been issued to the appellants to reconsider whether the order of dismissal could be reduced to any lesser punishment.
3. The respondent was recruited as a Constable in ITBP on 30.11.1990. He was performing the duty of Sentry during the intervening night of 04.07.2005/05.07.2005 at Kote. In the Kote, cash boxes of 'A', 'B', 'XE' and 'T' Coys were kept. The respondent knew that the cash box contained lakhs of ru
In disciplinary proceedings, judicial review permits interference with disproportionate punishment quantum if shockingly harsh relative to misconduct, prior impeccable record, and parity, even withou....
The doctrine of proportionality in administrative law allows judicial review of disciplinary actions, ensuring that penalties are not grossly disproportionate to the misconduct.
The court upheld the dismissal of a paramilitary member, stressing strict disciplinary standards and limiting judicial review to extreme cases.
Misconduct of misbehaving with superior/senior officer and of insubordination can be said to be a very serious misconduct and cannot be tolerated in a disciplined force like CRPF.
The court emphasized the principle of proportionality in disciplinary proceedings, stating that penalties must align with the severity of misconduct.
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