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april 1997

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.

GOVT. OF A P vs B. ASHOK KUMAR · Niyam