A. N. D'SILVA vs UNION OF INDIA

The Supreme Court held that the Civil Service Rules do not mandate specific punishments for misdemeanours, allowing the punishing authority discretion in selecting appropriate penalties. It clarified that the enquiry officer's proposal for punishment is not binding on the President, who has unrestricted power to impose penalties based on the gravity of the misconduct. The Court emphasized that while Article 320 requires consultation with the Union Public Service Commission, the President is not obligated to follow its advice, affirming the dismissal of the appellant from service.