Supreme Court of India · 1997-04-28
GOVT. OF A P vs B. ASHOK KUMAR
- Citation / case number
- SC 1997/61766
- Court
- Supreme Court of India
- Petitioner
- GOVT. OF A P
- Respondent
- B. ASHOK KUMAR
- Author
- D.P. WADHWA K. RAMASWAMY
- Bench
- D.P. WADHWA K. RAMASWAMY
Judgment text excerpt
The Supreme Court held that the imposition of a penalty is the prerogative of the disciplinary authority, consistent with the misconduct and evidence presented. The Tribunal's finding that the penalty of dismissal from service was excessive was deemed unsustainable, as the respondent, a Police Inspector, accepted illegal gratification of Rs. 3,000 for not prosecuting an offender, which undermines law and order. The Court allowed the appeal, set aside the Tribunal's order, and confirmed the Government's decision to dismiss the respondent from service.