1996 (2) TMI 553 - SC - Indian Laws

Summary

Issues Involved:
The issues involved in the judgment are the dismissal of a clerk from the Municipality due to misappropriation of funds, the subsequent appeal process, and the appropriate punishment for the criminal offense committed.

Dismissal of Clerk:
The respondent, a clerk in the Municipality, was dismissed for misappropriating a sum of &8377; 1548.78p by falsifying accounts. He was initially convicted under Section 409 of the Indian Penal Code, which was later altered to Section 468 on appeal. Section 468 pertains to forgery with the intent to cheat. The Municipal Committee dismissed the respondent in view of the punishment prescribed under this section.

Appeal Process:
The respondent appealed to the Director of Local Bodies, who upheld the correctness of the action but reduced the punishment to stoppage of four increments and treated the period out of service as extra-ordinary leave. The Municipal Committee's appeal to the Commissioner was deemed incompetent, and a writ petition filed by the Municipal Committee was dismissed by the High Court.

Appropriate Punishment:
The Supreme Court held that the respondent's conviction for a serious crime warranted dismissal under proviso (a) to Article 311(2) of the Constitution. In cases involving corruption, the only suitable punishment is dismissal, as any sympathy shown is against public interest. The Court emphasized that the amount misappropriated is immaterial; what matters is the act of misappropriation. The Director's interference with the punishment was deemed a misapprehension of the relevant factors in such cases.

Conclusion:
The Supreme Court allowed the appeal, setting aside the judgments of the High Court, Commissioner, and Director. The order of the Municipal Committee dismissing the respondent was restored, with no costs imposed.