2022 (12) TMI 521 - HC - VAT and Sales Tax

Illegal gratification from the traders under the jurisdiction - it is submitted that the punishment of dismissal from service imposed under the impugned G.O. is disproportionate to the nature of charge levelled against the petitioner - HELD THAT - The charge against the petitioner is that he along with his colleagues had collected Diwali Mamool from the traders and the petitioner's share was Rs.6,000/- from the said collection and therefore, he has failed to maintain absolute integrity and devotion to duty. Admittedly, similarly placed employees were given lesser punishment namely two years increment cut with cumulative effect. On the face of the charge framed against the petitioner also, this Court is of the considered view that punishment of dismissal from service imposed on the petitioner is disproportionate to the nature of charge. The petitioner having admitted his guilt by filing a memo before this Court, after giving due consideration to the nature of charge, this Court is of the considered view that the petitioner shall also get the benefit of reduction of punishment instead of dismissal from service as was given to his colleagues who were also involved in the incident of collecting bribe as Diwali mamool from the traders. The writ petition is disposed off.

Summary

Issues:
Challenge to dismissal from service based on disproportionate punishment.

Analysis:
The petitioner filed a writ petition challenging the Government Order dismissing him from service based on a charge of obtaining illegal gratification from traders and sharing it with colleagues. The petitioner admitted guilt but argued that the dismissal was disproportionate to the offense. He sought a reduction in punishment to a two-year increment cut, similar to that imposed on other employees involved in the incident.

The court considered the charge of collecting bribes against the petitioner and his colleagues. It noted that similarly placed employees received a lesser punishment of a two-year increment cut. The court found the dismissal disproportionate to the offense and granted the petitioner the benefit of a reduced punishment, aligning with the treatment of his colleagues involved in the bribery incident.

Consequently, the court disposed of the writ petition by reducing the punishment from dismissal to a two-year increment cut with cumulative effect. The petitioner was directed to rejoin duty within four weeks, with entitlement to salary upon rejoining. However, the petitioner was barred from claiming arrears of past salary or other monetary benefits due to the dismissal from service.