Supreme Court of India
Sunil Mehta & Anr. v. State of Gujarat & Anr.
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1 Supreme Court bench has cited this judgment.
What the Court ordered
In the result we allow this appeal with costs assessed at Rs.50,000/-, set aside the order passed by the High Court and restore that passed by the Sessions Judge.
Judgment, page 18
From the headnote
compulsorily retired employee, if eligible to get pension under the Pension Rules, is not affected. Rule 9(vii) was only dealing with reduction or reversion but issuance of any other direction was not a part of it. It has come by way of amendment. The same being a lesser punishment than the maximum, in our considered opinion, is imposable and the disciplinary authority has not committed any error by imposing the said punishment, regard being had to the nature of charges. It can be looked from another angle. The rule making authority has splitted Rule 9(vii) into two parts - one is harsher
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