Service lawyer: the punishment in disciplinary proceedings can only be interfered by the court when it shocks the judicial consigns of the court.
- 09:30Supreme Court of India
Justice Sanjay Kishan Kaul
The issue pertaining to the punishment imposed in the disciplinary proceedings fell for consideration before the supreme court in the case titled as "Naresh Chandra Bhardwaj Versus Bank of India and others".
In the said case, it was argued by the appellant that the other two employees were given punishment of compulsory retirement whereas the appellant before the supreme court was removed from the service. The supreme court dispose of the appeal by modifying the punishment to compulsory retirement. It was further held that the financial implications for the bank qua punishment imposed in all three cases of disciplinary proceedings were same.
Now it is well settled by the the catena of judgements that as far as imposition of punishment in disciplinary proceedings is concerned, the domain of the court is very limited, that is, to see that if the punishment is so disproportionate that it shocks the consigns of the court. The Appeal was disposed of in the above said terms.