NEPAL SINGH Vs. U.O.I. AND ORS.

JUDGEMENT

(1.) Heard learned counsel for the parties. The appellant was found guilty of the misconduct by the disciplinary and appellate authorities and punishment of dismissal from service was imposed on him. In the writ petition preferred against the said orders learned Single Judge maintained the order of punishment. Hence this appeal.

(2.) Having considered the entire material on record we find that the punishment imposed on the appellant is disproportionate to the alleged misconduct. Although 7 charges of misconduct were levelled against the appellant but in our opinion they are trifle in nature and penalty of removal from service so imposed on the appellant shocks our judicial conscience. Learned Single Judge failed to consider the question of proportionality of the punishment. In our considered opinion, the ends of justice would be met if the penalty of removal from service is substituted to that of penalty of compulsory retirement. It is well settled that disciplinary and appellate authorities, being fact finding authorities have exclusive power to consider the evidence with a view to maintain discipline.