Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Departmental enquiry Service Law |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Service Law - Departmental enquiry - Penalty I punishment - Judicial review - Scope - Held: The Courts cannot assume the function of disciplinary/departmental authorities - Limited judicial review is available to interfere with the punishment imposed by the disciplinary authority, only in cases where such penalty is found to be shocking to the conscience of the Court - Even in such a case, the appropriate course of action is to remit the matter back to the disciplinary authority or the appellate authority with direction to pass appropriate order of penalty - The Court by itself cannot mandate as to what should be the penalty in such a case - The only exception to the said principle, would be in those cases where the co-delinquent is awarded lesser punishment by the disciplinary authority even when the charges of misconduct was identical or the co-delinquent was foisted with more serious charges - This would be on the Doctrine of Equality when it is found that the concerned employee and the co-delinquent are equally placed - However, there has to be a complete parity between the two, not only in respect of nature of charge but subsequent conduct as well after the service of charge sheet in the two cases - If co-delinquent accepts the charges, indicating remorse with unqualified apology lesser punishment to him would be justifiable - However, such a comparison is permissible only when the other employee(s) who is given lighter punishment was co-delinquent - Such a comparison is not permissible by citing the cases of other employees, as precedents, in altogether different departmental enquiries. |
Judge | Hon'ble Mr. Justice Arjan Kumar Sikri |
Neutral Citation | 2013 INSC 498 |
Petitioner | Lucknow K. Gramin Bank (now Allahabad, U.p. Gramin Bank) & Anr. |
Respondent | Rajendra Singh |
SCR | [2013] 17 S.C.R. 309 |
Judgement Date | 2013-07-29 |
Case Number | 6142 |
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