SAKAL DEEP SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) PROPORTIONALITY is now acknowledged as one of the basic parametres for awarding a punishment in a disciplinary proceeding. The writ petitioner being dis-satisfied on that score, approached the appellate authority, then the revisional authority and ultimately the writ court. In the appeal too at the admission stage the petitioner pressed his grievance in relation thereto only. On that ground the appeal had been admitted.

(2.) ACCORDING to the petitioner, after he having served without any complain for a period of 13 years, he was asked to undertake out station duty and due to his illness he could not undertake such duty. Four days thereafter he attended the out station duty and for that he has been dismissed from service. Page 0047

(3.) IN such circumstances, the charge, as was proved, is such a misconduct which may entail any punishment including punishment of dismissal and accordingly it cannot be said that the punishment as meted out is disproportionate to the cause complained of.