DAYAL KUSHWAHA Vs. STATE OF U P

JUDGEMENT

(1.) M. Katju, J. Heard learned Counsel for the petitioner and the learned Standing Counsel.

(2.) THIS writ petition has been filed against the impugned order of the U. P. Public Services Tribunal dated 4-6-2001, the order of dismissal dated 15-1-1994 as well as appellate order dated 21-1-1995, vide Annexures 1, 10 and 12 to the writ petition.

(3.) IN Ved Prakash Gupta v. M/s. Delton Cable INdia (P) Ltd. , (1984) 2 SCC 569, the worker had abused a coworker in filthy language and hence he was given punishment of dismissal. The Supreme Court observed that the punishment awarded is shockingly disproportionate to the charge. Similarly in Rama Kant Misra v. State of U. P. , AIR 1982 SC 1552, the Supreme Court observed that abusive language may show lack of culture but mere use of such language on one occasion unconnected with any subsequent positive action and not preceded by any blameworthy conduct cannot justify the extreme penalty of dismissal from service.