STATE OF U. P. Vs. RAJ PAL SINGH

JUDGEMENT

(1.) THIS appeal is directed against the judgment of the High Court of Allahabad interferring with an order of punishment inflicted upon the respondent in a disciplinary proceedings.

(2.) ADMTTEDLY , the respondent was an Assistant Warder and the allegation against him was that he along with 4 other Assistant Warder beaten one Shivdan Singh, and even though the senior officers disuaded them, they never listened to that. These allegations were proved in a departmetal proceedings and the disciplinary authority passed the order of dismissal so far as the present respondent is concerned, though in respect of some others, he passed the order of stoppage of 5 increments.

(3.) IT is contended on behalf of the appellants that once the charges have been held to be established, it was not appropriate for the High Court to interfere with the quantum of punishment and judged from this stand point, the order of the High Court cannot be sustained. In support of the said contention, reliance is placed on the decision of this Court in B. C. Chaturvedi v U.O.I. and Others, 1995 (6) SCC 749 and Secretary to Govt., Home Deptt. and Others v. Srivaikundathan, 1998 (9) SCC 553