Supreme Court · 2013 INSC 361 · Decided 28 May 2013
SR. Tewari v. Union of India and ANR.
- Court
- Supreme Court of India
- Citation
- 2013 INSC 361 · [2013] 8 S.C.R. 988
- Case number
- CIVIL APPEAL No. 4715/2013
- Decided
- 28 May 2013
- Bench
- B.S. CHAUHAN, DIPAK MISRA (2-judge bench)
- Outcome
- Disposed off
- Case type
- Civil
- Acts & sections cited
- Constitution Article 14
Headnote
Service Law: c Quantum of punishment - Judicial review of - Permissibility - Held: If the punishment awarded is disproportionate to the gravity of the misconduct, it would be arbitrary and thus violative of Art. 14 of the Constitution - If the penalty imposed by the authority. shocks the penalty - In the facts of the present case, the punishment of compulsory retirement on the delinquent officer shocks the conscience of the Court as it does not commensurate with the offence of misconduct whi<;h was not of a serious nature - Hence the punishment E imposed is substituted to
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