UNION OF INDIA Vs. VISHNU LAL NAI

JUDGEMENT

(1.) It is true that the Hon'ble Supreme Court in the case of Union of India v, Parma Nanda AIR 1989 SC 1185 : 1989 (2) SCC 177 : 1989-II-LLJ-57 held that the Tribunal ought not to have interfered with the penalty imposed on the delinquent employees by the competent authority on the ground that it was not commensurate with the delinquency of the employee but in that very judgment, the Hon'ble Supreme Court has carved out an exception to the Rule.

(2.) It is also true that in case of Union of India and another v. G. Ganayutham dead by LRs. AIR 1997 SC 3387 : 1997 (7) SCC 463 : 2000-II-LLJ-648; the Hon'ble Supreme Court held that ordinarily, the Court should not substitute its own view as to the quantum of punishment in place of punishment awarded by the competent authority and the matter should be remanded to the authority itself on the point of punishment.

(3.) A short but interesting question involved in this writ petition is "whether this Court is bound to interfere with each and every order passed by the subordinate Court or Tribunal in its supervisory jurisdiction under Article 227 of the Constitution?