Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Service law Departmental inquiries |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case(s) Referred | Referred Case 0 Referred Case 1 Referred Case 2 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Service law: Departmental inquiries – Quantum of punishment – Judicial review of – On facts, allegations against constable of CRPF that he threatened the Doctor-complainant, misbehaved and abused and injured him and made false allegations against him of sexual harassment to his wife – Disciplinary inquiry against the Constable – Imposition of penalty of removal from service confirmed by the appellate/revisional authority – However , the High Court substituted the penalty of removal from service with confinement of the constable from 1.00 p.m. to 10.00 p.m. in quarter guard jail – On appeal, held: It was the disciplinary authority, or the appellate authority in appeal, which is to decide the nature of punishment to be given to the delinquent employee – Keeping in view the seriousness of the misconduct committed by such an employee, it is not open for the Courts to assume and usurp the function of the disciplinary authority – Even in cases where the punishment imposed by the disciplinary authority is found to be shocking to the conscience of the Court, normally the disciplinary authority or the appellate authority should be directed to reconsider the question of imposition of penalty – Scope of judicial review on the quantum of punishment is available only when the penalty imposed appears to be shockingly disproportionate to the nature of misconduct that the Courts would frown upon – Even in such a case, after setting aside the penalty order, it is to be left to the disciplinary/appellate authority to take a call and it is not for the Court to substitute its decision by prescribing the quantum of punishment – However, it is only in rare and exceptional cases where the court might substitute its own view as to the quantum of punishment in place of punishment that too after assigning cogent reasons – Interference made by the High Court is in a cavalier manner while recording the finding of penalty to be disproportionate without taking into consideration the seriousness of the misconduct committed by the respondent which is unpardonable and not sustainable in law – High Court overlooked the Scheme of the 1949 Act, thus, the interference made by the High Court in substituting punishment is unsustainable and set aside – Central Reserve Force Police Act, 1949 – ss. 9, 10, 11 – Central Reserve Force Police Rules 1955 – r. 27.Removal and dismissal from service – Difference between – Held: Both stand on the same footing and both terminate the relationship of employer/employee – Only difference between the two is that in the case of dismissal, it precludes the employee from seeking future employment in the Government while in the case of removal, he is not disqualified from any future employment. |
Judge | Hon'ble Mr. Justice Ajay Rastogi |
Neutral Citation | 2021 INSC 715 |
Petitioner | Union Of India & Ors. |
Respondent | Ex. Constable Ram Karan |
SCR | [2021] 7 S.C.R. 300 |
Judgement Date | 2021-11-11 |
Case Number | 6723 |
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