AI OCR 
TaxTMI 
TaxTMI 
TaxTMI 
2013 (10) TMI 1347
X X X X Extracts X X X X
X X X X Extracts X X X X
....ciplinary Authority to take a sympathetic view of the matter and pardon him. The Disciplinary Authority went through the reply. Since the respondent had admitted the charge, it was felt that in view thereof, no regular enquiry was needed and on the basis of admission, the orders dated 31st August 2000 were passed, imposing the penalty of 'removal' from the service for the said misconduct. Departmental Appeal filed by the respondent was also dismissed by the Appellate Authority. The respondent knocked the Judicial Forum challenging both the orders passed by Disciplinary as well as Appellate Authority. He first approached the Central Administrative Tribunal. The Tribunal, however, dismissed his petition. Against the order of the Tribunal, the respondent filed Writ Petition. This time he succeeded in his effort inasmuch as by the impugned judgment, the High Court has found the penalty of removal from service to be disproportionate to the nature and gravity of his misconduct. Thus, - invoking the doctrine of proportionality, the High Court has directed reinstatement of the respondent into service with continuity of service only for the purpose of pensionary benefits. It is, further, d....
X X X X Extracts X X X X
X X X X Extracts X X X X
....alaya Sangathan." 5. As pointed out above in his reply, the respondent accepted the charge, though he insisted that it was not a case of forcibly entry. It would also pertinent to add that immediately after the incident police was called and respondent was medically examined as well. The medical examination confirmed that the respondent was under the influence of liquor. 6. When the charge proved, as happened in the instance case, it is the disciplinary authority with whom lies the discretion to decide as to what kind of punishment is to be imposed. Of course, this discretion has to be examined objectively keeping in mind the nature and gravity of charge. The Disciplinary Authority is to decide a particular penalty specified in the relevant Rules. Host of factors go into the decision making while exercising such a discretion which include, apart from the nature and gravity of misconduct, past conduct, nature of duties assigned to the - delinquent, responsibility of duties assigned to the delinquent, previous penalty, if any, and the discipline required to be maintained in department or establishment where he works, as well as extenuating circumstances, if any exist. The order of ....
X X X X Extracts X X X X
X X X X Extracts X X X X
.... I have in mind particularly the possible adoption in the future of the principle of proportionality." 8. Imprimatur to the aforesaid principle was accorded by this Court as well, in Ranjit Thakur vs. Union of India (1987) 4 SCC 611. Speaking for the Court, Justice Venkatachaliah (as he then was) emphasizing that "all powers have legal limits" invokes the aforesaid doctrine in the following words: "The question of the choice and quantum of punishment is within the jurisdiction and discretion of the court-martial. But the sentence has to suit the offence and the offender. It should not be vindictive or unduly harsh. It should not be so disproportionate to the offence as to shock the conscience and amount in itself to conclusive evidence of bias. The doctrine of proportionality as part of the concept of judicial review, would ensure that even on an aspect which is, otherwise within the exclusive province of the court-martial, if the decision of the court even as to sentence is an outrageous defiance of logic, then the sentence would not be immune from correction. Irrationality and perversity are recognized grounds of judicial review." 9. To be fair to the High Court, we may mentio....
X X X X Extracts X X X X
X X X X Extracts X X X X
....as the occasion for him to go to the school in that condition? Moreover, if he had left some articles in the school premises and had visited the school only to pick up those articles, what prompted him to enter the office of the Principal? There is no explanation of this behavior on the part of the respondent in his reply. It would, obviously, be a case of forcible entry as it is no where pleaded that the Principal asked him to come to his room or he had gone to the room of the Principal with his permission or for any specific purpose. 11. Thus, in our view entering the school premises in working hours i.e. 11.30 a.m. in an inebriated condition and thereafter forcibly entering into the Principal's room would constitute a serious misconduct. Penalty of removal for such a misconduct cannot be treated as disproportionate. It does not seem to be unreasonable and does not shock the conscience of the Court. Though it does not appear to be excessive either, but even if it were to be so, merely because the Court feels that penalty should have been lighter than the one imposed, by itself is not a ground to interfere with the discretion of the disciplinary authorities. The - penalty should ....