Key Points for Deciding Punishment in Disciplinary Cases

High Court Sabah & Sarawak Kuching

The particular offence, and the particular offender, are the concern of the Court, whose business it is to decide what punishment is merited upon the facts of the individual case within the limits that the Legislature has provided. ... Regina [1954] 1 MLRH 66; [1954] 1 MLJ 86 where Brown acting CJ expressed as follows: "In the matter of punishment, the 'type of offence' is the concern of the Legislature, which has provided the maximum punishment which can be inflicted for a serious offence of that type. ... Pu....

High Court Sabah & Sarawak Kuching

The particular offence, and the particular offender, are the concern of the Court, whose business it is to decide what punishment is merited upon the facts of the individual case within the limits that the Legislature has provided. ... Regina [1954] 1 MLRH 66; [1954] 1 MLJ 86 where Brown acting CJ expressed as follows: "In the matter of punishment, the 'type of offence' is the concern of the Legislature, which has provided the maximum punishment which can be inflicted for a serious offence of that type. ... The law does ....

2023 Supreme(SRI)(CA) 134

I find no basis for the learned High Court judge to decide that no punishment would be imposed on the other counts for which the 2nd and the 3rd accused were found guilty, because they were punished sufficiently for one count. ... I am of the view that the learned trial Judge should have considered the fact that he is sentencing the accused after a full trial. ... Imposition of appropriate punishment is the manner in which the Courts respond to the society’s cry for justice against criminals. Justice demands that Courts....

2025 Supreme(Online)(CAT) 7957

107/2014 directed the Respondent No.5 to decide the Appeal dated, 12.03.2014 of the applicant by passing a reasoned and speaking order after considering the substantive points raised by the applicant within three months and also to consider the punishment so awarded by the Disciplinary ... With regard to compliance of first part of the order passed by the Tribunal in OA No. 107/2014, applicant failed to show that which specific points in his Appeal has not been considered by the Appellate Authority whi....

    In the instant case I have carefully considered the submissions made by the Learned Senior State Counsel and the Learned President's Counsel and the material placed before this court. ... That is to decide what sentence is to be imposed on the accused who has been convicted. In doing so he has to consider the point of view of the accused on the one hand and the interest of society on the other. ... He should also regard the effect of the punishment as a deterrent and consider to what extent it will be effective. ... Mendis(4)....

High Court Malaya Taiping

A maximum sentence is prescribed for the offence and the Court is left to decide the appropriate sentence within the ambit of the punishment provision. ... The guilty plea does not automatically entitle the convict to a lesser punishment. In the instant case, the sessions judge had considered all these factors before deciding that the accused's plea of guilty could not operate as a mitigating factor. ... (3) Nothing in subsection (1) shall be held to excuse any person from any part of the punishment to....

Federal Court Putrajaya

[99] It ensues therefore that whipping is, or ought to be considered as, punishment that is inextricably linked to or conjoined with, the punishment of imprisonment. ... It ought not to be severed from, and considered in isolation of imprisonment under the CPC, because it does not appear as a sole punishment that is capable of subsisting independently, for the purposes of the imposition of a punishment. ... severance of the punishment of whipping from the p....

High Court Sabah & Sarawak Limbang

She considered the effect of the accused's guilty plea on all parties. ... Facts do differ from case to case and ultimately each case has to decide on its own merits. In practice sentences do differ not only from case to case but also from Court to Court . ... PP; [1982] 1 MLJ 27; [1982] CLJ (Rep) 606: "The right to impose punishment on a guilty party is absolutely the discretion of the Court . ... The gravity of the type of offence involved must be considered in the light of the particular facts of the offence. [13]....

2025 Supreme(SRI)(CA) 253

31.Having considered the foregoing, I find no justification to extend leniency towards the appellant, particularly in view of the brutality exhibited in the commission of the crime. ... The punishment should fit the crime, showing the public’s disgust with the act. Courts must consider the rights of the victim and society, not just the criminal, when deciding on a punishment. ... It is my view, that the punishment fora crime should be based on how severe it was, the criminal's actions, and the victim's vulnerability. Wh....

High Court Sabah & Sarawak Tawau

[18] It is for the Court to decide the appropriate, fair and just sentence according to law by exercising judicial discretion. ... considered the charge proffered against the respondent, the facts of the case, the type of offence committed and the public interest element; 2.2 he had also considered the submissions of both Prosecution and accused; 2.3 that the sentence passed is according to law; 2.4 the accused ... Such discretion must be exercised judicially after taking into consideration all the necessary mitigation and aggravating ....

2022 0 Supreme(Ker) 645

From those decisions they deduced ten broad principles of which the ninth is: "(9) The question of punishment is essentially one for the management to decide. In Workmen v. Firestone Tyre and Rubber Co., 1973 (3) SCR 587 : AIR 1973 SC 1227 : 1973 Lab IC 851 this Court elaborately considered the various decisions of this Court regarding the principles governing the jurisdiction of the Tribunal when adjudicating disputes regarding dismissal and discharge.

2022 0 Supreme(Ker) 651

The question of punishment is essentially one for the management to decide. From those decisions they deduced ten broad principles of which the ninth is:

2022 0 Supreme(Mad) 3141

Next point to be considered is proportionality of punishment.

2017 0 Supreme(Mad) 2248

To decide the above points, the scope of Section 53 of the Transfer of Property Act, 1882 has to be considered:

2008 0 Supreme(Mad) 2871

Next point to be considered is proportionality of punishment. For the absence of 21 days, Petitioner was awarded punishment of dismissal from service. Placing reliance upon AIR 1994 SC 215 (Union of Indian and others v. Giriraj Sharma); (1996) 7 SCC 634 (Malkiat Singh v. State of Punjab and others); (1999) 9 SCC 86 (Syed Zaheer Hussain v. Union of India and others) and (2006) 4 MLJ 1008 (J.Patric v. Government of Tamil Nadu, rep. by its Secretary, Home (Pol.VI) Department, Chennai and others), learned counsel for the Petitioner contended that in cases where the punishment i....