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november 1995

Supreme Court of India · 1995-11-10

STATE OF U.P. vs ASHOK KUMAR SINGH

Citation / case number
SC 1993/15974
Court
Supreme Court of India
Petitioner
STATE OF U.P.
Respondent
ASHOK KUMAR SINGH
Author
VENKATASWAMI K.
Bench
VENKATASWAMI K.

Judgment text excerpt

The Supreme Court held that the Allahabad High Court erred in interfering with the punishment of removal of a police constable despite upholding the findings of the U.P. Public Services Tribunal regarding his absence from duty. The Court emphasized that the extreme penalty of dismissal was disproportionate to the charge of absence, which did not constitute grave misconduct. The Court allowed the appeal, reinstating the removal order while permitting the authorities to impose a lesser penalty if deemed appropriate, thus affirming the principles of proportionality in disciplinary actions under Article 226 of the Constitution of India.

STATE OF U.P. vs ASHOK KUMAR SINGH · Niyam