Constitution of India, 1950, Article 226, 311, Regional Rural Banks Act, 1976, Section 30, Service -- Punishment - It is for disciplinary authority and not for Courts, to decide as to punishment to be awarded to delinquent - Quantum of punishment even if disproportionate even then matter has to be referred back to disciplinary authority to take fresh decision - Court..........
Service -- Departmental proceedings - Judicial review - The role of courts in the matter of departmental proceedings is very limited and court cannot substitute its own views or findings by replacing the findings arrived at by the authority on detailed appreciation of evidence on record - In the matter of imposition of sentence, the scope for interference by the court is..........
Service -- Departmental proceedings - Punishment - If the punishment awarded is disproportionate to the gravity of the misconduct, it would be arbitrary and thus would violate the mandate of Article 14 of the Constitution...........
Service -- Dismissal from service - Judicial review can be only when punishment is not merely disproportionate but also strikingly disproportionate and only in extreme case, where on the face of it there is perversity or irrationality that there can be judicial review...........
Service -- Termination - Interference on the question of punishment - Unauthorised absence from duty for four years - Service terminated - Interference by Court on question of punishment is permissible in very rare cases and that too where punishment is disproportionate to the established charge and that it was unconscionable and actuated by malice - Termination order..........
Industrial Disputes Act, 1947, Section 2(oo), 11A -- Punishment - Removal from service - Quantum of punishment - It is purely within the realm of Disciplinary Authority - Only when the punishment is disproportionate to the gravity of the charge that no prudent person placed in the position of Disciplinary Authority would have imposed such a punishment, the High Court can..........
Service -- Misconduct - Punishment - Judicial review - Court can interfere if punishment is outrageously disproportionate to the nature of misconduct...........
Industrial Disputes Act, 1947, Section 2(oo) , 11A -- Termination - Quantum of punishment - The misconduct is of very serious nature which is of teasing and molesting a female worker in the factory - He indeed used the abusive language as is apparent from the admission note of the workman - The punishment of termination imposed by the management by no stretch of..........
Service -- There is distinction between an order of termination being wholly illegal and without jurisdiction and an order being harsh and disproportionate - Whereas reinstatement with back wages may be a logical corollary in the former case - In the latter case, labour Court may substitute one punishment for the other...........
Constitution of India, 1950, Article 226 -- Departmental proceedings - Punishment - Quantum of punishment - Judicial review - Recovery of loss - Apart from petitioner there were four other members of the Committee constituted for purchase of papers - Recovery of whole loss from petitioner - The punishment imposed upon the petitioner was extremely disproportionate to the..........
