Court reduces punishment for petitioner in service dismissal case, orders two-year increment cut. Petitioner directed to rejoin duty. The court found the dismissal of the petitioner from service for obtaining illegal gratification disproportionate to the offense compared to his ...
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Court reduces punishment for petitioner in service dismissal case, orders two-year increment cut. Petitioner directed to rejoin duty.
The court found the dismissal of the petitioner from service for obtaining illegal gratification disproportionate to the offense compared to his colleagues involved in the same incident. As a result, the court reduced the punishment to a two-year increment cut with cumulative effect. The petitioner was directed to rejoin duty within four weeks with salary entitlement but was barred from claiming arrears of past salary or other monetary benefits due to the dismissal.
Issues: Challenge to dismissal from service based on disproportionate punishment.
Analysis: The petitioner filed a writ petition challenging the Government Order dismissing him from service based on a charge of obtaining illegal gratification from traders and sharing it with colleagues. The petitioner admitted guilt but argued that the dismissal was disproportionate to the offense. He sought a reduction in punishment to a two-year increment cut, similar to that imposed on other employees involved in the incident.
The court considered the charge of collecting bribes against the petitioner and his colleagues. It noted that similarly placed employees received a lesser punishment of a two-year increment cut. The court found the dismissal disproportionate to the offense and granted the petitioner the benefit of a reduced punishment, aligning with the treatment of his colleagues involved in the bribery incident.
Consequently, the court disposed of the writ petition by reducing the punishment from dismissal to a two-year increment cut with cumulative effect. The petitioner was directed to rejoin duty within four weeks, with entitlement to salary upon rejoining. However, the petitioner was barred from claiming arrears of past salary or other monetary benefits due to the dismissal from service.
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