UNION OF INDIA THROUGH SECRETARY TO THE GOVERNMENT OF INDIA Vs. RAMESH CHANDRA SHARMA SON OF SHRI CHHOGA LAL SHARMA

JUDGEMENT

(1.) The present writ petition arises from order dated 16.05.2011 passed by the Central Administrative Tribunal in O.A. No.382/2010 as modified in review application No.14/2011 dated 25.07.2011 preferred by the Petitioners.

(2.) Learned Counsel for the Petitioners submits that quantum of punishment is the prerogative of the employer and the Tribunal ought not have interfered with the order of dismissal as affirmed by the appellate authority. At best the matter could have been remanded to the for passing fresh orders if the punishment was considered disproportionate. The Tribunal did not return any finding of procedural impropriety in the conduct of the departmental proceedings. The jurisdiction in judicial review over an order of punishment passed in a departmental proceeding is limited to examination of procedural irregularity only. Both the orders under challenge are therefore unsustainable and deserve to be set aside.

(3.) Counsel for the Respondent submitted that the Tribunal originally passed an order for compulsory retirement which was not one of the punishment provided under Rule 9 of the Gramin Dak Sewak (Conduct and Employment) Rules, 2001 and only modified the same in the review jurisdiction to reconsider appropriate punishment less than removal from service in accordance with law. It calls for no interference.