Supreme Court of India

Indu Bhushan Dwivedi v. State of Jharkhand and Anr.

Neutral citation
Reported as [2010] 7 S.C.R. 465
Bench G.S. Singhvi and C.K. Prasad JJ.
Decided 5 July 2010

INSC stands for INDIAN SUPREME COURT. A neutral citation scheme assigned by the Court itself, so a judgment can be cited without depending on a commercial law reporter. INSC is the neutral citation scheme assigned by the Supreme Court, so a judgment can be cited without depending on a commercial law reporter.

What the Court ordered

We are of the view that the Wednesbury principles have been violated in this case, we are constrained to review the quantum punishment.

Judgment, page 20

From the headnote

Service Law - Misconduct - Charges of insubordination and indiscipline against appellant-Judicial Magistrate - Proved in disciplinary inquiry - High Court recommended dismissal of appellant, after taking into consideration his past adverse record, but without informing him that the same were being relied upon for deciding the quantum of punishment - Dismissal challenged as being vitiated due to violation of the rules of natural justice - /so, quantum of punishment challenged as being totally disproportionate to the charges found proved against the appellant - Held: Since the un­ communicated

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