Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Service Law |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Case Remanded |
Headnote | Service Law: Removal from service – Misappropriation offunds by the staff in the District Treasury Office – Charge sheetagainst 11 staff members – State Government issued order of removalin case of two employees (respondents)– Single judge of High Courtinterfered with the punishment on the ground that other employeesagainst whom disciplinary proceeding was initiated on similarcharges were subjected to comparatively a lenient punishment ofstoppage of increments and rejected the stand of the StateGovernment that the quantum of loss caused due to production ofbogus bills in the case of two employees was substantially high –On appeal, Division Bench of High Court observed that in mattersinvolving disciplinary proceedings, cases of two employees cannotas such be compared – However, it was of view that since the chargesagainst all the employees were identical and the employees were inthe same cadre of ministerial service, the view of single judge inapplying parity of treatment cannot be faulted – On appeal, held:In seeking to apply the principle of parity of treatment, the HighCourt manifestly failed to notice that the gravity of misconduct whichwas established against the appellants was distinct from and of amore serious nature than what was found against the otheremployees – While the language of the charge may be similar inother cases that would not detract from the fact that the amountinvolved and the extent of the lack of verification in the case of therespondents was of a much higher order – The Division Bench havingnoticed that in a matter of this nature, the principle of parity cannotbe attracted, nonetheless affirmed the view of the Single Judge –This was evidently erroneous – Moreover, the approach of both theSingle Judge and the Division Bench cannot be accepted havingdue regard to the parameters of judicial review in disciplinary matters– Single Judge substituted the penalty which was imposed by thedisciplinary authority – The imposition of a penalty in disciplinaryproceeding lies in the sole domain of the employer – Unless thepenalty is found to be shockingly disproportionate to the chargeswhich are proved, the element of discretion which is attributed tothe employer cannot be interfered with – In this view of the matter,there was merit in these appeals – Administrative law – Judicialreview. |
Judge | Hon'ble Dr. Justice D.Y. Chandrachud |
Neutral Citation | 2018 INSC 1096 |
Petitioner | State Of Tamil Nadu & Anr. |
Respondent | M. Mangayarkarasi And Etc. |
SCR | [2018] 14 S.C.R. 427 |
Judgement Date | 2018-11-26 |
Case Number | 11345-11346 |
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