Shivaraj V.Patil, Arijit Pasayat - (1.) HEARD learned counsel for the parties.
(2.) THIS appeal is directed against the order dated 15th June, 1999 passed by the Division Bench of the High Court of Andhra Pradesh. The respondent was given charge-sheet under Rule 153 of the Railway Protection Force Rules, 1987, framing five charges relating to misconduct on his part. After enquiry, report was submitted holding that all the charges levelled against him were proved. The disciplinary authority agreeing with the findings as recorded by the enquiry officer passed an order of removal of the respondent from service. He unsuccessfully challenged the said order of his removal from service before the appellate and revisional authority. Thereafter, he filed writ petition before the High Court challenging the order of removal from service on various grounds. The learned single Judge, after hearing the learned counsel for the parties, did not find any good ground to disturb the finding of fact as to the charges which stood proved against the respondent. However, in relation to the quantum of punishment, the learned single Judge held thus : "It appears that the petitioner is a habitual offender, and due to dereliction of duties, punishment of stoppage of increment for three years was already ordered in the year 1984. But there is no improvement in the conduct of the petitioner. However, the present charges, though repetitive, are not so serious in nature as to warrant extreme punishment of removal from service. I want to give one more chance to him to improve his conduct. Therefore, I direct stoppage of four increments with cumulative effect by modifying the impugned order to this effect and he is directed to be reinstated into service with continuity of service, but he will not be eligible for any back wages except for subsistence allowance." The appellants called in question the validity and correctness of this order of the learned single Judge before the Division Bench of the High Court. The Division Bench of the High Court agreeing with the order passed by the learned single Judge dismissed the appeal. Hence, the present appeal. Shri Mukul Rohatgi, learned Additional Solicitor General, appearing for the appellants urged that the learned single Judge was not right and justified in modifying the order of punishment, having observed that the respondent was a habitual offender and due to dereliction of duties, the punishment, of stoppage of increments for three years was already ordered in 1984 and that there was no improvement in the conduct of the re-spondent. He alternatively submitted, even if the learned single Judge was of the view that the punishment imposed was grossly or shockingly dis-proportionate, punishment could not have been modified but the matter could be remitted to the disciplinary authority to re-examine the issue in regard to the imposition of penalty on the respondent. He further submitted that the Division Bench of the High Court did not go into the merits of the contentions and simply endorsed the view taken by the learned single Judge.
(3.) PER contra, Shri R. S. Hedge, learned counsel for the respondent made submissions supporting the impugned order. He contended that even the finding of fact also was not recorded after a proper enquiry. He also contended that the respondent was promoted even after the punishment was imposed on 13th November, 1988. before the framing of the present charges. As is evident from the order of the learned single Judge, there has been no consideration of the facts and circumstances of the case including as to the nature of charges held proved against the respondent to say that penalty of removal from service imposed on the respondent was extreme. Merely because it was felt that the punishment imposed was extreme was not enough to disturb or modify the punishment imposed on a delinquent officer. The learned single Judge has not recorded reasons to say as to how the punishment imposed on the respondent was shockingly or grossly disproportionate to the gravity of charges held proved against the respondent. It is not that in every case of imposing a punishment of removal or dismissal from service, a High Court can modify such punishment merely saying that it is shockingly disproportionate. Normally, the punishment imposed by disciplinary authority should not be disturbed by High Court or tribunal except in appropriate cases, that too, only after reaching a conclusion that the punishment imposed is grossly or shockingly disproportionate, after examining all the relevant factors including nature of charges proved against, the past conduct, penalty imposed earlier, the nature of duties assigned having due regard to their sensitiveness, exactness expected of and discipline required to be maintained, and the department/ establishment in which the concerned delinquent person works.;