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IN THE HIGH COURT OF JUDICATURE AT MADRAS
C.SARAVANAN, J
C. Devarajan – Appellant
Versus
Union of India, Rep. By its Secretary to Government, Ministry of Home Affairs, New Delhi – Respondent
ORDER :
(C. SARAVANAN, J.)
The petitioner has challenged the impugned orders passed by the respondents, as detailed below :
| SI. No | Impugned Order No. | Date of Impugned order | Respondent |
| 1. | No.V-15014/L&R/SS/Rev/CD/2011- 13439 | 21.12.2012 | 3rd Respondent |
| 2. | No.V-11014/13/Anu/SZ/2012/4614 | 30.05.2012 | 4th respondent |
| 3. | No.V-15014/CISF/VPT/DISC/MAJ/CDR/ 2012/465 | 29.02.2012 | 5th respondent |
2. By the Impugned Order dated 29.02.2012, passed by the 5th respondent, the petitioner has been awarded a punishment of “Reduction of pay by one stage from Rs.9880/- to Rs.9510/- in the Pay Band-1 of Rs.5200- 20200 with grade pay of Rs.2800/- for a period of one year with immediate effect upon No.864502834 HC/GD C.Devarajan. It is further ordered that HC/GD C.Devarajan will not earn increments of pay during the period of reduction and that on expiry of this period, the reduction will have the effect of postponing his future increments of pay”.
3. By the Impugned Order dated 30.05.2012, the 4th respondent, as the appellate authority has affirmed the punishment order dated 29.02.2012 of the 5th respondent, and thereby rejected the appeal filed by the petitioner. By the Impugned Order dated 21.12.2012, the 3rd respondent has rej
Disciplinary punishment must be proportionate to the misconduct; excessive penalties are subject to modification by the court.
The court held that a disciplinary authority must reconsider the punishment imposed when a charge is not proven, ensuring adherence to principles of natural justice.
Disciplinary punishment must be proportionate to established charges; unproven allegations should impact final penalties.
Judicial review in departmental proceedings is limited, and unless the punishment is shocking or impermissible, courts should not interfere with disciplinary authority decisions.
The court's decision emphasizes the importance of upholding discipline and proportionate penalties in disciplinary proceedings.
The burden of proof in disciplinary proceedings lies with the employer, and findings based on insufficient evidence are unsustainable.
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