UNION OF INDIA Vs. DWARKA PRASAD TIWARI

JUDGEMENT

(1.) LEAVE granted in both the Special Leave Petitions.

(2.) THESE two appeals are directed against a common judgment of the Madhya Pradesh High Court at Jabalpur allowing the writ petition filed by the respondent Dwarka Prasad who is the appellant in the appeal relating to SLP(C) No. 15725 of 2006. The writ petition was partially allowed by a learned single Judge of the High Court holding that the punishment of dismissal from service imposed on respondent Dwarka Prasad was too harsh and was required to be substituted by an appropriate lesser punishment. Accordingly the order of dismissal was set aside and reinstatement with continuity of service without any back wages was directed and it was further directed that from the date of judgment the respondent Dwarka Prasad shall be entitled for full salary.

(3.) IN support of the appeal, learned counsel for the Union of India and its functionaries submitted that the High Court has completely overlooked the fact that the respondent Dwarka Prasad was a member of a disciplined force. He had committed a serious misconduct and after taking into account the relevant factors, the departmental authority initially passed the order of dismissal, which by taking a compassionate view the DG on review modified to that of removal from service. The High Court did not indicate even any reason as to why it considered the punishment to be disproportionate or considered to be shockingly disproportionate. No reason was given to justify this conclusion. Mere reference was made to the decision of this Court in B. C. Chaturvedi v. Union of India and others [JT 1995(8) SC 65], without indicating as to how the view expressed in paragraph 12 thereof had any application to the facts of the case.