Supreme Court of India

Union of India and Others v. M. Duraisamy

Neutral citation
Reported as [2022] 3 S.C.R. 51
Bench M. R. Shah and B. V. Nagarathna JJ.
Decided 19 April 2022

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

In view of the above and for the reasons stated above, t he impugned judgment and order passed by the High Court as well as the order passed by the Tribunal substituting the order of punishment from removal to that of compulsory retirement cannot be sustaine d and the same deserve to be quashed and set aside.

Judgment, page 10

From the headnote

Service Law – Misconduct – Fraud – Defrauding publi c money – Limited jurisdiction of the Court on proportionality of the order of departmental authority – Respondent was a public serv ant in Post office – He committed fraud by way of fraudulent wit hdrawal / non-credit of deposits in RD accounts – Punishment of ‘r emoval’ from service imposed by the Disciplinary Authority – Tribunal interfered with the punishment so imposed by modifying / sub stituting the same from ‘removal’ to ‘compulsory retirement’ – Order passed by Tribunal confirmed by the High Court – Neither t he Tribunal nor the

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