Deciding Authority: Supreme Court of India
Date of Judgement: 29th January, 2003
Bench: Justice Shivaraj V. Paul & Arijit Pasayat
Facts of the Case: This appeal is directed against the Order dated 15th June, 1999 passed by the Division Bench of the High Court of Andhra Pradesh the respondent was given charge sheet under Rule 153 of the Railway Protection Force Rules, 1987 framing five charges relating to misconduct on his part. After enquiry report was submitted holding that all the charges levelled against him were proved. The disciplinary authority agreeing with the findings as recorded by the enquiry officer passed an order of removal of the respondent from service. He unsuccessfully challenged the said order of his removal from service before the appellant and revisional authority. Thereafter he filed writ petition before the High Court challenging the order of removal fromservice on various grounds. The learned Single Judge after hearing thelearned counsel for the parties did not find any good ground to disturb the finding of fact as to the charges which stood proved against the respondent. However, in relation to the quantum of punishment, the learned Single Judge held thus:”It appears that the petitioner is a habitual offender, and due to dereliction of duties, punishment of stoppage of increment for three years was already ordered in the year 1984. But there is no improvement in the conduct of the petitioner. However, the present charges, though repetitive are not so serious in nature as to warrant extreme punishment of removal from service. I want to give one more chance to him to improve his conduct. Therefore, I direct stoppage of four increments with cumulative effect by modifying the impugned order to this effect and he is directed to be reinstated into service with continuity of service, but he will not beeligible for any back wages except for subsistence allowance.”
Judgement of the Case: The Supreme Court held that in the present case we do not find that there has been a consideration of all the relevant facts and the learned Single Judge has not recorded reasons in order to modify the punishment imposed. The Division Bench of the High Court also did not examine the matter in proper perspective but simply concurred with the order passed by the learned Single Judge. Normally in cases where it is found that the punishment imposed is shockingly disproportionate, high courts or tribunals may remit the cases to the disciplinary authority for reconsideration on the quantum of punishment. In this case the disciplinary proceedings were initiated in the year 1989 and to shorten the litigation we think it appropriate to set aside the impugned order and remit the writ appeal No. 952 of 1998 to the Division Bench of the High Court to reconsider the case only on the quantum of punishment imposed on the respondent having regard to all relevant factors including the facts that the respondent was a member of Railway Protection Force and in the light of the observations made above. Since theproceedings are pending for quite some time, we request the High Court todispose of the writ appeal expeditiously. The impugned order is set asideand the appeal is ordered in the above terms. No costs.
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