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IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR
MAHENDAR KUMAR GOYAL
Chhidda Ram – Appellant
Versus
State of Rajasthan – Respondent
JUDGMENT :
MAHENDAR KUMAR GOYAL, J.
1. This writ petition is directed against the order dated 10.12.1997 passed by the respondent No.3-Deputy Inspector General of Police, Bharatpur Range, Bharatpur (for short, “the appellate authority”) whereby, while dismissing the appeal preferred by the petitioner, the order dated 14.02.1997 passed by the respondent No.4-Superintendent of Police, District Bharatpur (for short “the disciplinary authority”) imposing the penalty of ‘termination from service’, upon the petitioner in an enquiry conducted under Rule 16 of the Rajasthan Civil Services (Classification, Control and Appeal) Rules, 1958 (for short “the Rules of 1958”), has been affirmed.
2. The relevant facts in brief are that vide memorandum dated03.06.1995, the petitioner was served upon with a charge sheet under Rule 16 wherein, following two charges were levelled against him:
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Regularization of absence does not nullify misconduct; disciplinary action remains valid if charges are substantiated.
The quantum of penalty should not be interfered with unless shockingly disproportionate to the misconduct. The gravity of the misconduct, the frequency of such conduct, and the member's service histo....
The Court emphasized that while past conduct can influence punishment, it cannot serve as the sole basis for dismissal without it being specifically charged and substantiated.
The doctrine of proportionality must be applied in determining the proportionality of punishment in disciplinary proceedings, and the punishment must be commensurate with the fault committed.
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