Supreme Court of India
Deputy Commissioner, Kvs & Ors. v. J. Hussain
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.
1 Supreme Court bench has cited this judgment.
What the Court ordered
We are of the view that it is the application of this principle on the facts of this case where the High Court has committed an error while holding that the punishment was shocking and arbitrary.
Judgment, page 10
From the headnote
SERVICE LAW: Misconduct - Dismissal from service - Appellant, in drunken state, forcibly entering into office of Principal - High Court substituting the order of dismissal by withholding of two increments without cumulative effect - Held: When the charge 0 is proved, it is the disciplinary authority with whom lies the discretion to decide as to what kind of punishment is to be imposed - If appellate authority is of the opinion that the case warrants lesser penalty, it can reduce the penalty imposed by Disciplinary Authority - However, such a power is ordinarily not available to court!
Authorities it was built on
- 1987 Ranjit Thakur v. Union of India and Ors.
- 2010 The Administrator Union Territory of Dadar & Nagar Haveli v. Gulabhia M. Lad
- 2005 Hombe Gowda Edn Trust and Anr. v. State of Karnataka and Ors.
- 2008 Ex. Constable Ramvir Singh v. Union of India & Ors.
- 2010 Charanjit Lamba v. Commanding Officer, Southern Command and Ors.
Where later benches applied it
Of those, 1 relied on
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