<?xml version="1.0" encoding="UTF-8"?>
<?xml-stylesheet type="text/xsl" href="https://www.taxtmi.com/rss_sitemap/rss_feed_blog.xsl?v=1750492856"?>
<rss version="2.0" xmlns:atom="http://www.w3.org/2005/Atom">
  <channel>
    <title>2008 (2) TMI 898 - Supreme Court</title>
    <link>https://www.taxtmi.com/caselaws?id=182177</link>
    <description>Rule 19 of the Madhya Pradesh Civil Services (Classification, Control and Appeal) Rules, 1966 permits the disciplinary authority to consider the circumstances of a conviction-based penalty, but it does not require dismissal in every case. The authority must act fairly, justly and reasonably, considering the nature of the misconduct, the gravity of the offence, the employee&#039;s post, and whether the conduct involves moral turpitude or a heinous act. On those principles, removal from service for a conviction for simple hurt, where the sentence was reduced to fine and the employee held the lowest cadre post, was held disproportionate and unjustified. Judicial review was therefore available on proportionality grounds.</description>
    <language>en-us</language>
    <pubDate>Tue, 12 Feb 2008 00:00:00 +0530</pubDate>
    <lastBuildDate>Mon, 07 Nov 2016 13:20:00 +0530</lastBuildDate>
    <generator>TaxTMI RSS Generator</generator>
    <atom:link href="https://www.taxtmi.com/rss_feed_blog?id=426646" rel="self" type="application/rss+xml"/>
    <item>
      <title>2008 (2) TMI 898 - Supreme Court</title>
      <link>https://www.taxtmi.com/caselaws?id=182177</link>
      <description>Rule 19 of the Madhya Pradesh Civil Services (Classification, Control and Appeal) Rules, 1966 permits the disciplinary authority to consider the circumstances of a conviction-based penalty, but it does not require dismissal in every case. The authority must act fairly, justly and reasonably, considering the nature of the misconduct, the gravity of the offence, the employee&#039;s post, and whether the conduct involves moral turpitude or a heinous act. On those principles, removal from service for a conviction for simple hurt, where the sentence was reduced to fine and the employee held the lowest cadre post, was held disproportionate and unjustified. Judicial review was therefore available on proportionality grounds.</description>
      <category>Case-Laws</category>
      <law>Indian Laws</law>
      <pubDate>Tue, 12 Feb 2008 00:00:00 +0530</pubDate>
      <guid isPermaLink="true">https://www.taxtmi.com/caselaws?id=182177</guid>
    </item>
  </channel>
</rss>