New Delhi: The Supreme Court on Thursday said the disciplinary authority must decide the nature of the punishment that will be given to negotiating government employees and the court should not seize its function.
The Apex Court said that even in cases where the punishment applied by the disciplinary authorities was found to be surprising to the conscience of the court, usually disciplinary authorities or appeal authorities must be directed to reconsider penalty questions.
“The scope of judicial review in quantum penalties is available but with a limited scope.
Only when the penalty applied seems to be very disproportionate with the nature of the violation that will be drained by the court.” Even in the case, after setting aside penalty order, it will be submitted to the authority of discipline / appeal to receive calls and not for the court to replace his decision by prescribing quantum punishment …
“A judicial bench Ajay Ajay.
Rastogi and Abhay S Oka said.” The principle of embedded legal is that it is a disciplinary authority, or an appeal authority that requests an appeal, namely deciding the nature of the punishment that will be given to naughty employees.
“Given the seriousness of errors made by such employees, it is not open to the court to assume and seize the function of disciplinary authority,” added the bench.
Observations were made when setting aside the order of the Delhi High Court which replaced the sentence of removal of CRPF Constable services for violations.
The bench said the central reserve police forces acted clearly showed that the authorities were empowered to provide award penalty about suspension or dismissal to members of the style that was found guilty.
Apex Court’s assessment came in the appeal submitted by the center of the Delhi High Court order which replaced the transfer sentence from the service for employees after conducting a disciplined investigation with a course from the quarter prison.
The police were accused of making mistakes and harassing and injuring doctors while officially in charge and instituting false criminal charges of sexual harassment against him.
The Apex Court said that the nature of the charges against the police was the tomb because respondents not only threatened the complainant doctor but had behaved badly and harassed and injured him and made false accusations against him sexual abuse against his wife.
“The nature of violations such as the respondents after the Stand proved to be unable to be changed and if the authority has considered it according to him with the sentence of transfer from the service with the command on July 14, 2004, and confirmed by the appeal / revenial authority and by the High Court in a stabbed decision Does not leave sympathy for retention in service and it is also in disciplined force such as CRPF, “Bench said.