JYOTSNA REWAL DUA
Ramesh Kumar – Appellant
Versus
Union of India – Respondent
JUDGMENT :
Jyotsna Rewal Dua, J.
Penalty of removal from service was imposed upon the petitioner, a Constable (Driver), for the reason that he being a member of the disciplined force, had brought a civil lady in the official tent at the campus premises during night hours on 21.02.2007 without seeking permission of the competent authority, engaged in undesirable activities with her, indulged in indiscipline and also endangered security of the camps. The penalty imposed upon the petitioner was not interfered by the Appellate Authority. The Revisional Authority also affirmed the penalty order. Pursuant to the directions passed by this Court in a writ petition filed by the petitioner, the appellate and the revisional authority revisited their orders and by passing detailed and speaking orders once again affirmed the penalty imposed upon the petitioner. Aggrieved against imposition of penalty, the petitioner has preferred this writ petition.
2. Bare minimum facts, which need to be noticed are that:-
2(i). The petitioner was appointed as Driver with Sashastra Seema Bal (SSB) in the year 1990. In the year 2007, he was discharging his duties with the Central Reserve Police Force as Driver. A c
State of Karnataka and another Versus N. Gangaraj, (2020) 3 SCC 423
Power of judicial review is meant to ensure that the individual receives fair treatment and not to ensure that the conclusion which the authority reaches is necessarily correct in eyes of law.
The High Court does not act as an appellate authority in disciplinary matters and will not interfere with the quantum of punishment unless it is shocking to the conscience.
Disciplinary penalties must be proportionate to the misconduct, considering the individual's service history and circumstances surrounding the case.
The court overturned the removal of service, finding the penalty imposed was shockingly disproportionate to the misconduct, violating the principles of natural justice and the proportionality standar....
The judgment emphasized the importance of complying with the rules of natural justice, evidence-based findings of misconduct, and the proportionality of punishment in disciplinary proceedings.
The main legal point established in the judgment is that the court's role in disciplinary proceedings is limited to ensuring fair treatment and compliance with natural justice. The judgment also emph....
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.
Judicial review of disciplinary actions is limited to examining procedural fairness and whether the findings are based on evidence. Courts will not substitute their judgment for the disciplinary auth....
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