Supreme Court of India
Sr. Tewari v. Union of India and Anr.
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3 Supreme Court benches have cited this judgment.
What the Court ordered
In view of the above, the High Court modified the findings recorded by E the Tribunal.
Judgment, page 17
From the headnote
Service Law: c Quantum of punishment - Judicial review of - Permissibility - Held: If the punishment awarded is disproportionate to the gravity of the misconduct, it would be arbitrary and thus violative of Art. 14 of the Constitution - If the penalty imposed by the authority. shocks the conscience 0 of the Court, it can substitute its own penalty - In the facts of the present case, the punishment of compulsory retirement on the delinquent officer shocks the conscience of the Court as it does not commensurate with the offence of misconduct whi<;h was not of a serious nature - Hence the
Authorities it was built on
- 1994 Tata Cellular v. Union of India
- 2000 Air India v. Cochin International Airport Ltd
- 2003 People's Union for Civil Liberties and Anr. v. Union of India
- 2005 State of N.C.T. of Delhi and Anr. v. Sanjeev @ Bittoo
- 2012 Registrar General, Patna High Court v. Pandey Gajendra Prasad & Ors.
- 2006 Govt. of A.P. and Ors. v. Mohd. Narsullah Khan
- 1997 High Court of Judicature at Bombay through its Registrar v. Shri Udaysingh S/o. Ganpatrao Naik Nimbalkar and Ors.
- 2008 State of Meghalaya & Ors. v. Mecken Singh N.marak
- 2011 Union of India & Ors. v. Bodupalli Gopalaswami
- 2011 Union of India and Ors. v. Manas Kumar Guha
- 1983 Commissioner of Income Tax, Bombay and Others v. Mahindra and Mahindra Limited & Ors.
Where later benches applied it
- 2026 Punjab and Sind Bank v. Raj Kumar
- 2020 Bharat Petroleum Corporation Limited and Others v. Anil Padegaonkar
- 2019 Union of India & Ors. v. Lt. Col. Kuldeep Yadav
Of those, 1 relied on · 2 referred to
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