9911796707
|
Home
Issues involved:
The issues involved in the judgment are the termination of a Peon's services due to a criminal conviction, the application of disciplinary action, the legality of the punishment imposed, and the judicial review based on the doctrine of proportionality. Termination of Services due to Criminal Conviction: The Respondent, a Peon in a Middle School, was terminated from service after being convicted for assaulting an individual. Despite the conviction, the Respondent's services were terminated, leading to a series of appeals and revisions challenging the termination. Application of Disciplinary Action: The Respondent filed various appeals and revisions challenging the termination of services. The Tribunal held that the punishment of removal from service was excessive considering the nature of the offense, which did not involve moral turpitude. The Tribunal emphasized the need for fair and reasonable exercise of power by the disciplinary authority. Legality of Punishment Imposed: The High Court dismissed a writ petition challenging the Tribunal's decision, upholding the reduction of the Respondent's sentence to a fine. The Court emphasized that the disciplinary authority must consider all circumstances before imposing a punishment, especially when the offense does not involve moral turpitude. Judicial Review based on Proportionality: The Supreme Court, while dismissing the appeal, highlighted the shift in legal parameters towards the doctrine of proportionality in judicial review. Citing previous cases, the Court emphasized the need for a balanced approach in assessing decisions, especially concerning human rights and the weight accorded to various interests.
|
