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Home Service Matter

Service matter – Quantum of punishment in disciplinary matters – factors

by Punjab Law Reporter
March 19, 2022
in Service Matter
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Hon’ble Apex Court laid down as to what is required to be taken into consideration before interfering in the quantum of the punishment in an appropriate case. The relevant part of the judgment in that regard reads as under:

“15. Coming to the first two submissions of the learned counsel for the appellant, we are of the view that the High Court, in exercise of its writ jurisdiction, has power to interfere with the quantum of punishment imposed by the appointing authority in an appropriate case provided the High Court has taken into consideration the totality of the facts and circumstances of the case such as nature of charges levelled against the employee, its gravity, seriousness, whether proved and, if so, to what extent, entire service  record, work done in the past, remaining tenure of the delinquent left, etc. In other words, it is necessary for the High Court to take these factors into consideration before interfering in the quantum of the punishment.”

Delhi Police, through Commissioner of Police v. Sat Narayan Kaushik, (2016) 6 SCC 303

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