AI Overview...
- High Court Jurisdiction over Disciplinary Penalties - The High Court generally does not interfere with the quantum of punishment imposed in disciplinary proceedings unless the penalty is arbitrary, grossly excessive, or disproportionate to the misconduct. It is primarily concerned with procedural fairness and legality rather than substituting its judgment for that of the disciplinary authority. However, interference may be warranted if the penalty is found to be arbitrary or if procedural irregularities are established. Prakash VS Board Of Directors, Mithila Kshetriya Gramin Bank - Patna, State Bank Of India VS Samarendra Kishore Endow - Supreme Court, UCO Bank VS Sailendra Namasudra - Gauhati, RAMESH NARAIN SAREBAHI VS REVIEW COMMITTEE, STATE BANK OF INDIA, BOMBAY - Allahabad, [RAMESH NARAIN SAREBAHI
VS REVIEW COMMITTEE STATE BANK OF INDIA -
Allahabad](https://supremetoday.ai/doc/judgement/02500029894)
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Multiple Penalties and Their Imposition - Disciplinary authorities can impose multiple penalties, but the courts emphasize that penalties should not be harsh or disproportionate. When a penalty is challenged, courts assess whether it is reasonable and proportionate to the misconduct. If found excessive or harsh, courts may intervene and modify the penalty. Hrushikesha Sen VS Governor, Reserve Bank of India - Orissa, Swapan Chakraborty VS State of Tripura, represented by the Secretary and The Director General Administration (PTG-STY) Department - Gauhati, Riyaz Mohd. VS Central Administrative Tribunal - Rajasthan
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Judicial Review Scope - The courts' role is limited to ensuring procedural fairness and legality. They do not re-evaluate evidence or act as appellate bodies but can interfere if the penalty is arbitrary, disproportionate, or if procedural violations occur. The principle of proportionality is central to judicial intervention. Swapan Chakraborty VS State of Tripura, represented by the Secretary and The Director General Administration (PTG-STY) Department - Gauhati, State Bank Of India VS Samarendra Kishore Endow - Supreme Court, Riyaz Mohd. VS Central Administrative Tribunal - Rajasthan
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Procedural Irregularities and Sealed Cover Procedure - The courts recognize the importance of following proper procedures, including the sealed cover procedure, but have upheld disciplinary proceedings where procedural requirements are met. Challenges based solely on procedural issues are scrutinized, and courts tend to uphold disciplinary actions if procedures are properly followed. UCO Bank VS Sailendra Namasudra - Gauhati, RAMESH NARAIN SAREBAHI VS REVIEW COMMITTEE, STATE BANK OF INDIA, BOMBAY - Allahabad, [RAMESH NARAIN SAREBAHI
VS REVIEW COMMITTEE STATE BANK OF INDIA - Allahabad](https://supremetoday.ai/doc/judgement/02500029894)
Analysis and Conclusion:
The High Court's interference in disciplinary proceedings before the penalty is imposed is limited and generally confined to cases where the penalty is arbitrary, grossly disproportionate, or where procedural irregularities are evident. Courts do not substitute their judgment for that of disciplinary authorities but ensure that the principles of natural justice and procedural fairness are maintained. When penalties are found to be harsh or disproportionate, courts may modify or set aside such penalties, but they do not re-assess the evidence or the merits of the case. This approach balances the authority of disciplinary bodies with the constitutional mandate for judicial review under Articles 226 and 227 of the Constitution.
Search Results for "Disciplinary Proceeding High Court can Interfere before Penalty Imposed"
1995 0 Supreme(Pat) 522 • India - Patna
ASOK KUMAR GANGULY
Whether the High Court has the jurisdiction to interfere with the quantum of punishment imposed in a disciplinary proceeding? ... of punishment imposed in a disciplinary proceeding. ... defense and vitiated the disciplinary proceeding. ... Therefore that judgment cannot be an authority for the proposition that the High Court in exercise of its jurisdiction under....
2007 0 Supreme(Ori) 2 • India - Orissa
A.K.PARICHHA, B.P.DAS
DISCIPLINARY PROCEEDING - Penalty - Multiple penalties can be imposed. (Para - 4) ... of the Bank where high standard of moral discipline is necessary - Held, punishments imposed on the petitioner by the disciplinary ... CONSTITUTION OF INDIA, 1950 - Art. 226 - Disciplinary proceeding - Appreciation of evidence under writ - Under Art. 226 of the Constitution ... Mahesh Kumar Mishra and others, AIR 2000 Supreme Court#HL_....
2023 0 Supreme(Chh) 670 • India - Chhattisgarh
RAMESH SINHA, NARESH KUMAR CHANDRAVANSHI
The inquiry found the charge proved and imposed the penalty of dismissal from service. ... penalty. ... Departmental Inquiry - Disciplinary Proceedings - Chhattisgarh Civil Services Conduct Rules - [Section 151 ... In this regard, it is also settled preposition of law that in disciplinary proceeding, High Court ought not to interfere in punishment imposed upon delinquent employee, as dis....
2010 0 Supreme(Gau) 602 • India - Gauhati
UTPALENDU BIKAS SAHA
State, challenged the disciplinary proceeding and subsequent orders imposing penalty for unauthorized absence and misconduct. ... Finding of the Court: The court found that there was no procedural irregularity in the disciplinary proceeding and ... the imposed punishment was not disproportionate. ... He further contended that the High Court in any Writ petition has the power to interfere with th....
2018 0 Supreme(Raj) 2066 • India - Rajasthan
K.S. JHAVERI, VIJAY KUMAR VYAS
by High Court - These observations are not relevant to cases of penalty imposed after regular Inquiry - Indeed this is how said ... if a disproportionate or harsh punishment is imposed by disciplinary authority it can be corrected either by Appellate Court or ... in - While holding that no notice need be given before imposing penalty in a case dealt with under said proviso - Court held that ... Jagannatha Shetty, J. speaking for th....
1994 0 Supreme(SC) 72 • India - Supreme Court
B.L.HANSARIA, B.P.JEEVAN REDDY
can interfere where the penalty imposed is "arbitrary or grossly excessive or out of all proportion to the offence committed or ... These observations are not relevant to cases of penalty imposed after regular inquiry. ... held that if a disproportionate or harsh punishment is imposed by the disciplinary authority, it can be corrected either by the ... Jagannatha Shetty, J. speaking for the bench observed in the first instance that the jurisdiction of the tribunal is ....
2025 Supreme(Online)(UT) 359 • India - High Court Of Uttarakhand
Manoj Kumar Tiwari, J
it could not re-evaluate the evidence presented in the disciplinary proceedings. ... ... ... Ratio Decidendi: The court held that the Tribunal's role is not to act as an appellate authority but to ensure that the disciplinary ... (A) Uttarakhand Public Service (Tribunals) Act, 1976 - Section 5 - Criminal Procedure Code, 1973 - Sections 107 and 116 - Disciplinary ... Jagannatha Shetty, J. speaking for the Bench observed in the first instance that the jurisdiction of the Tribunal is similar to the juris....
2017 0 Supreme(Gau) 760 • India - Gauhati
HRISHIKESH ROY, NELSON SAILO
UCO Bank Officers/ Employees (Conduct) Regulations, 1976 – Regulation 3 – Learned counsel appearing for the respondent – Penalty ... But, considering the penalty of dismissal from service to be too harsh, the punishment was reduced to compulsory retirement with ... Chaturvedi (supra) held that, when a High Court does not find any infirmity with the conduct of the disciplinary proceeding, it should not interfere with the punishment which was lawfully imposed#....
2010 0 Supreme(All) 505 • India - Allahabad
K.N.PANDEY, ASHOK BHUSHAN
having been found proved by Inquiry Officer—Thus, punishment of reduction of two stages below have been imposed by disciplinary ... authority awarded penalty of reduction of 2 stages in scale of pay of petitioner—Contention of petitioner that sealed cover procedure ... , an order in writing ordering disciplinary proceedings is a separate ground for keeping proceedings in sealed cover—No illegality ... Jagannatha Shetty, J speaking for the Bench observed in the first instance that the j....
2010 0 Supreme(All) 504 • India - Allahabad
ASHOK BHUSHAN, K.N.PANDEY
The court also upheld the disciplinary proceedings and the imposed penalty of reduction in pay scale. ... Issues: Challenge to sealed cover procedure, validity of disciplinary proceedings, and imposition of penalty. ... The court also emphasized the limited scope of judicial review in disciplinary matters. ... Jagannatha shetty, J speaking for the Bench observed in the first instance that the jurisdiction of the T....
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