Supreme Court · 2013 INSC 675 · Decided 4 October 2013
Deputy Commissioner, KVS & ORS. v. J. Hussain
- Court
- Supreme Court of India
- Citation
- 2013 INSC 675 · [2013] 9 S.C.R. 898
- Case number
- CIVIL APPEAL No. 8948/2013
- Decided
- 4 October 2013
- Bench
- S. J. MUKHOPADHAYA, A.K. SIKRI (2-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Civil
- Acts & sections cited
- Constitution Article 14
Headnote
SERVICE LAW: Misconduct - Dismissal from service - Appellant, in drunken state, forcibly entering into office of Principal - High Court substituting the order of dismissal by withholding of two increments without cumulative effect - Held: When the charge 0 is proved, it is the disciplinary the discretion to decide as to what kind of punishment is to be imposed - If appellate authority is of the opinion that the case warrants lesser penalty, it can reduce the penalty imposed by Disciplinary Authority - However, such a power is ordinarily not available to court! tribunal - Where it
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