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IN THE HIGH COURT AT CALCUTTA
PARTHA SARATHI CHATTERJEE, TAPABRATA CHAKRABORTY
Gautam Kumar Pahari – Appellant
Versus
State of West Bengal – Respondent
JUDGMENT :
The present writ petition has been preferred challenging an order dated 22nd January, 2010 passed by the learned Tribunal in the original application (in short, the OA), being OA 1581 of 2009. By the said order, the learned Tribunal refused to interfere with the order passed by the appellate authority in connection with the disciplinary proceedings initiated against the petitioner being proceeding no.3 dated 05th January, 2005.
Mr. Sanjib Bandyopadhyay, learned advocate appearing for the petitioner submits that in the proceeding no.3 dated 05th January, 2005, the order of punishment was issued by the respondent no.3 on 22nd August, 2005. It would be explicit from the records that on the self-same date the period of absence for which the order of dismissal was imposed upon the petitioner, was condoned by the respondents and leave was granted regularizing the said period of absence. Having thus regularized the period of absence, the misconduct stood condoned and it was not open to the respondents to impose the punishment of dismissal from service. Such arguments, as advanced, were glossed over by the learned Tribunal and no finding was returned on the same.
He argues that in
The court upheld the dismissal of a disciplined force member for unauthorized absence and providing false information, emphasizing the importance of discipline and the limited scope of judicial revie....
The doctrine of proportionality in service law and administrative law was applied to determine the reasonableness of the punishment imposed.
The tribunal's decision to remand for lesser punishment was justified based on the principle of proportionality in disciplinary actions.
The principle of proportionality mandates that disciplinary punishment must be commensurate with the gravity of the misconduct, and dismissal for minor infractions may be deemed excessive.
The appellate authority's power to modify punishment in disciplinary matters and the limited scope of judicial review in such cases.
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