LAWS(KER)-2019-11-256

COMPTROLLER AND AUDITOR GENERAL Vs. K KAMALASENAN

Decided On November 07, 2019
COMPTROLLER AND AUDITOR GENERAL Appellant
V/S
K Kamalasenan Respondents

JUDGEMENT

(1.) The Tribunal by the impugned order only directed re-consideration by the Appellate Authority, of the penalty imposed on the respondent herein, who was the delinquent employee, on grounds of the major penalty imposed being grossly disproportionate to the gravity of the misconduct proved. The penalty imposed herein by the Disciplinary Authority was reduction by two stages of the pay band with cumulative effect. On similar facts and allegations, multiple persons were proceeded against and the very same penalty imposed. One of them had approached the Tribunal in O.A No.895/2009, in which a similar direction was issued to the Appellate Authority dated 05.07.2011 to re-consider the penalty imposed.

(2.) On challenge before this Court, by the official respondents, this Court found that the question arising is as to whether the applicant in the instant case requires a harsher treatment than that meted out to other similarly situated persons. It directed the Appellate Authority to re-consider the punishment to be imposed. It was also directed that the Appellate Authority shall consider the feasibility of awarding uniform punishment with marginal variation, only in appropriate cases. It is submitted that in that case now the Appellate Authority has re-considered the issue and imposed a lesser punishment.

(3.) In such circumstances, we feel that there cannot be a different view taken in this case. We dispose of the original petition sustaining the order of the Tribunal and issuing the very same directions issued in O.P No.3229/2011. We direct the Registry to communicate a copy of this judgment to the