Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Disciplinary proceedings Service Law |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case(s) Referred | Referred Case 0 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Service Law: Disciplinary proceedings - Equality in punishment - Held: Disciplinary Authority cannot impose punishment which is disproportionate, i.e., lesser punishment for serious offences and stringent punishment for lesser offences - Therefore, punishment of dismissal from service imposed on appellant is set aside and it is ordered that he be reinstated in service forthwith from the date on which the co-delinquent was re-instated, and with the same consequent benefits - Doctrine of equality.A departmental inquiry was conducted against the appellant, a Head Constable of Police, and two others namely, an ASI and another Head Constable, for demanding and accepting illegal gratification for registering a police complaint. The money was proved to have been paid to the co-delinquent (a Constable) and as far as the appellant was concerned, with regard to receiving money, his participation and tacit approval were proved. The ASI was demoted for three years. The appellant and the other Head Constable were dismissed from service and the co-delinquent (the Constable) was awarded the punishment of reduction of increment with cumulative effect for one year. The departmental appeal, the writ petition and the writ appeal filed by the appellant having been dismissed, he filed the appeal. |
Judge | Hon'ble Mr. Justice K.S. Panicker Radhakrishnan |
Neutral Citation | 2013 INSC 99 |
Petitioner | Rajendra Yadav |
Respondent | State Of M.p. & Others |
SCR | [2013] 1 S.C.R. 1029 |
Judgement Date | 2013-02-13 |
Case Number | 1334 |
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