DEPUTY COMMISSIONER KVS Vs. J.HUSSAIN

JUDGEMENT

(1.) Leave granted.

(2.) The respondent herein was served with a charge memo dated 2/3rd August 2000 under the provisions of Rule 14 of the Central Civil Services (CCA) Rules, 1965 and Rule 20 of the Central Civil Services (Conduct) Rules 1964. Primary allegation against him was that he had forcibly entered into the office of Principal of Kendriya Vidayala Sangthan, Tura in the State of Meghalaya, where he was posted and working as Upper Division Clerk. It was on 24.5.2000 at around 11.30 a.m. The respondent was in a fully drunken state. -

(3.) In the aforesaid backdrop, the only question to be examined in these proceedings is as to whether the penalty of removal from service inflicted upon the respondent herein by the appellant-school offends the principle of proportionality i.e. whether the penalty is disproportionate to the gravity of the misconduct to the extent that it shocks the conscience of the Court and is to be treated so arbitrary so as to term it as violative of Artice 14 of the Constitution