NARAIN SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) HEARD the learned counsel for the parties.

(2.) IN this special appeal only submission raised by learned counsel Shri Lohra for the appellant-original petitioner was that the order of dismissal from service passed by the disciplinary authority and confirmed in appeal by the appellate authority was not commensurate to the misconduct committed and found to be proved against the appellant. He submitted that the appellant petitioner be reinstated in service without back wages by passing the order of stoppage of three grade increments without cumulative effect instead of order of dismissal from service. This was vehemently objected by Mr. Mathur on the ground that misconduct committed by the appellant was of serious nature where no other view was possible. He submitted that this Court in its writ jurisdiction cannot interfere with punishment as held by the Hon'ble Supreme Court in its number of judgments.

(3.) HAVING carefully gone through the file, we find that there is material at page 27 of the file which shows that once he was punished within last 12 months and since his enrolment thrice, but at the time of passing of the order he was not undergoing any sentence. He was 30 years 11 months and 19 days at the time of passing of the order and completed 6 years 11 months and 19 days in service, means almost 7 years in service.