Back
MOHAMMED SHAFFIQ
P. Ganesh Prasad – Appellant
Versus
State of Tamil Nadu, Represented by the Revenue Secretary, Chennai – Respondent
JUDGMENT
(Prayer: Writ petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus calling for the records relating to the order of dismissal of service of the petitioner in proceeding no. A.N1(1)/ 8999/ 2006 dated 06.02.2006 of the third respondent which was confirmed by the second respondent vide his proceedings in Proc.No.O.P1(1)/ 26887/ 2007 dated 20.05.2007 and further confirmed by the proceedings of the first respondent in Government Order (1t) No.531 dated 14.09.2007 so as to quash the same and reinstate the petitioner into service.)
1. The present writ petition is filed challenging the order of dismissal from service passed by the 3rd respondent herein on 06.02.2007 which was confirmed by the 2nd respondent vide order dated 20.05.2007 and also by the first respondent vide order dated 14.09.2007.
2. The petitioner was appointed in the Department of Revenue Administration as a Junior Assistant, on 22.10.1997 on compassionate grounds. The petitioner had been in service for about 10 years.
3. The learned counsel for the petitioner submitted that the petitioner is a Hypertensive patient and was advised to take rest and thus the petitioner was una
The main legal point established in the judgment is the application of the principle of proportionality in reviewing the excessive nature of the dismissal order in light of the petitioner's medical c....
The doctrine of proportionality and the principle of judicial review in determining the quantum of punishment in cases of unauthorized absence and disobedience of orders.
The doctrine of proportionality in service law and administrative law was applied to determine the reasonableness of the punishment imposed.
Habitual unauthorised absence, failure to comply with orders, and proportionality of punishment in disciplinary actions
The court emphasized the importance of considering compelling circumstances, avoiding double jeopardy, and imposing proportionate punishment in service dismissal cases.
Dismissal should only be imposed for willful and intentional absence, and the punishment should be proportionate to the gravity of the misconduct.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
