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MOHAMMED SHAFFIQ
G. Sivagnanam – Appellant
Versus
Secretary to Government, Health and Family Welfare Department, Chennai – Respondent
JUDGMENT
(Prayer: Writ petition filed under Article 226 of the Constitution of India for issuance of a Writ of Certiorarified Mandamus calling for the records of the 1st respondent in G.O.(D) No.1497 dated 10.12.2007 and the order in G.O.(D) No.43 dated 13.01.2009 and quash the same and direct the respondents to reinstate the petitioner in Tamil Nadu Medical Service with all consequential and other service benefits.)
1. The short question that may arise for consideration in this writ petition is as to whether the punishment of removal of service by the respondents for unauthorized absence and alleged disobedience of orders of the higher authority is excessive and harsh on applying the doctrine of proportionality.
2. The petitioner had joined the Tamil Nadu Medical Services as Medical Officer in the Primary Health Centre, Olakur, Villupuram District on 20.08.1986. The petitioner was serving as a professor of Pharmacology in the Chengalpattu Medical College, Chengalpattu. The petitioner's father was seriously ill due to diabetes and his mother was a hypertensive patient. The petitioner had to take care of his aged and ailing parents. The petitioner had applied for an earned leave of 20
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 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....
Habitual unauthorised absence, failure to comply with orders, and proportionality of punishment in disciplinary actions
The doctrine of proportionality in service law and administrative law was applied to determine the reasonableness of the punishment imposed.
The punishment imposed must be proportionate to the gravity of the proved charges, and the court will interfere only if the punishment is shockingly disproportionate.
The punishment of removal from service is shockingly disproportionate for unauthorized absence, and compulsory retirement is a more appropriate disciplinary measure, especially for long-serving emplo....
The court emphasized the importance of considering compelling circumstances, avoiding double jeopardy, and imposing proportionate punishment in service dismissal cases.
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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