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IN THE HIGH COURT OF ALLAHABAD
Hon'ble Abdul Moin,J.
Sarwar Hussain – Appellant
Versus
Managing Director U.P.Rajkiya Nirman Nigam Ltd. Lucknow – Respondent
JUDGMENT :
Abdul Moin, J.
1. Heard learned counsel for the petitioner as well as Shri Shishir Jain, learned counsel appearing for the respondents.
2. By means of the present petition, the petitioner since deceased and substituted by the legal heirs, has challenged the order dated 16.09.2000 passed by the respondent No.2, a copy of which is Anenxure-16 to the petition. Further prayer is for payment of subsistence allowance to the petitioner.
3. As Sarwar Hussain the petitioner has died, as such, for the sake of convenience, Sarwar Hussain would be referred to as the petitioner.
4. By means of the order dated 16.09.2000, the petitioner since deceased has been dismissed from service.
5. The facts of the case revolve in a narrow compass inasmuch as the petitioner was working as Store Keeper when he was issued charge- sheet dated 20.07.1999, a copy of which is Annexure-8 to the petition.
6. The charges leveled in the charge-sheet were that from a savings bank account of the Nigam maintained with Oriental Bank of Commerce, Sitapur an amount of Rs.56,000/- was withdrawn vide a Cheque No.482371. The cheque was made out to an unknown person by the name of S.P. Singh although no amount was payable
The principle of parity in punishment mandates equal treatment for co-delinquents involved in the same misconduct, and failure to consider a response to a show cause notice invalidates disciplinary a....
The court emphasized the principle of parity in punishment, ruling that disproportionate penalties among co-delinquents violate principles of equality and natural justice.
The Court's limited jurisdiction under Article 226 in interfering with the quantum of punishment and the application of the principle of parity in punishment.
The disciplinary authority's decision to remove the employee for financial misconduct was upheld, as the inquiry followed due process and the employee admitted to significant charges.
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