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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