MANOJ H. MISHRA Vs. UNION OF INDIA

JUDGEMENT

(1.) Leave granted.

(2.) This appeal is directed against the judgment and order dated 14th July, 2009 rendered in Letters Patent Appeal No.1041 of 2007 by the Division Bench of the High Court of Gujarat at Ahmedabad confirming the judgment of the learned Single Judge dated 31st January, 2007 in Special Civil Application No.2115 of 1997. On 11th May, 2010, this Court issued notice limited to the question of award of punishment. In the High Court, before the learned Single Judge, the learned counsel for the appellant made only one submission that looking to the allegations and the charges proved against the appellant and the penalty of removal imposed upon the appellant is disproportionate to the misconduct. However, in the Letters Patent Appeal, a draft amendment was moved by the appellant seeking to challenge the order of removal from service on the ground that the acts committed by the appellant did not constitute misconduct. The application for amendment was rejected.

(3.) We may very briefly notice the relevant facts for deciding the limited issue as to whether the punishment imposed on the appellant is shockingly disproportionate to the misconduct.