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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW
INDRAJEET SHUKLA
Ramesh Chandra Singh – Appellant
Versus
State of U.P. Through The Secy. Home – Respondent
JUDGMENT :
INDRAJEET SHUKLA, J.
For the convenience of exposition, this judgment is divided into the following parts:-
TABLE OF CONTENTS
| SL.No. | Heading |
|---|---|
| A. | FACTUAL MATRIX |
| B. | AVAILABILITY OF ALTERNATIVE REMEDY |
| C. | SUBMISSION ON BEHALF OF PETITIONER |
| D. | SUBMISSION ON BEHALF OF STATE RESPONDENTS |
| E. | RELEVANT RULES |
| F. | ANALYSIS AND REASONING |
| G. | CONCLUSION |
1. Heard Sri Ajai Krishna Yadav, learned counsel for the petitioner, Sri Dev Prakash Mishra, learned Additional Chief Standing Counsel representing the State respondents.
2. By means of present writ proceedings, the petitioner has set up challenge to the impugned order dated 14.04.2000 passed by 4th respondent removing the petitioner from service contained as Annexure-1 to this writ petition and impugned order of the same date forfeiting the salary of 160 days for unauthorized absence, from 14.05.1999 to 20.10.1999. The petitioner has further assailed the validity and correctness of order dated 29.09.2000 passed under appeal by 3rd respondent and the revisional order dated 22.05.2004 passed by 2nd respondent contained as Annexure-3 and 4 respectively to the writ petition.
A. FACTUAL MATRIX
3. Brief facts of present writ petition are that, the petitioner, who hap
The Court emphasized that while past conduct can influence punishment, it cannot serve as the sole basis for dismissal without it being specifically charged and substantiated.
Disciplinary actions must follow due process, and absence due to illness cannot be deemed willful misconduct without proper inquiry.
Unauthorized absence from duty must be proven willful to constitute misconduct; penalties must be proportionate to the offense and consider the employee's service record.
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.
The quantum of penalty should not be interfered with unless shockingly disproportionate to the misconduct. The gravity of the misconduct, the frequency of such conduct, and the member's service histo....
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