Service and Labour Law — Disciplinary action — Interference against disciplinary authority — Power of appellate body

August 23rd, 2013

Service and Labour Law — Disciplinary action — Interference against disciplinary authority — Power of appellate body — Held, appellate body is entitled to examine the issue regarding the quantum of punishment as much as it is entitled to examine whether the charges have been satisfactorily proved.

HELD: What is the appropriate quantum of punishment to be awarded to a delinquent is a matter that primarily rest in the discretion of the disciplinary authority. An authority sitting in appeal over any such order of punishment is by all means entitled to examine the issue regarding the quantum of punishment as much as it is entitled to examine whether the charges have been satisfactorily proved.

(Para 9).

Jai Bhagwan v. Commissioner of Police[Bench Strength 2], Civil Appeal Nos. 5162-63/2013 (Arising out of SLP (C) Nos. 23363-23364/2011)(05/07/2013), 2013(9) JT 176: 2013(8) SCALE 392 [T.S. Thakur, J.: Gyan Sudha Misra, J.]

Entry Filed under: Legal Updates