Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | removal from service 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 - Removal from service - On the charge of forgery of a licence - Punishment held not justified by State Civil Services Tribunal on the ground that delinquent officer forged the licence at the instance of a colleague - Single Judge of High Court setting aside the order of Tribunal - Division Bench of High Court upheld the order of Tribunal - On appeal, held: Interference with the quantum of punishment not justified - Forgery being a misconduct of grave magnitude, if proved, cannot be ignored on surmises and conjectures - Equity is such case has no role to play - Interference with the quantum of punishment ordinarily is not permissible; unless it is held to be wholly disproportionate to the imputation of charges - Equity.Respondent (deceased delinquent officer) was employed in the department of Grant of Licence in the Regional Transport Office of the appellant-State. At the relevant time, he was serving in the Accounts Department. In the course of an inspection in the Licence Branch, authorities noticed several misconducts including grant of forged licence, committed by the respondent. After disciplinary proceedings, charges were proved against him and his removal from service was directed. Respondent filed an application before Gujarat Civil Services Tribunal. The same was allowed holding that he had issued the licence at the instance of another employee. Writ Petition filed by the State was allowed. In writ appeal, Division Bench of High Court upheld the order of the tribunal, holding that though the delinquent had acted designedly, he might not have understood the nature of work or manner of transacting it. Hence the present appeal. |
Judge | Hon'ble Mr. Justice S.B. Sinha |
Neutral Citation | 2007 INSC 1315 |
Petitioner | State Of Gujarat |
Respondent | Gajanand M. Dalwadi (d) By L.rs. |
SCR | [2007] 13 S.C.R. 913 |
Judgement Date | 2007-12-14 |
Case Number | 2322 |
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