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march 2002

Supreme Court of India · 2002-03-01

State Of Rajasthan And Ors. vs Sujata Malhotra

Citation / case number
AIRONLINE 2002 SC 83
Court
Supreme Court of India
Petitioner
State Of Rajasthan And Ors.
Respondent
Sujata Malhotra
Author
Brijesh Kumar
Bench
Brijesh Kumar

Judgment text excerpt

The Supreme Court examined whether the High Court could substitute the punishment of termination with reinstatement on the grounds of proportionality in a case of prolonged unauthorised absence. The Court observed that treating a period of absence as extraordinary leave when no leave is due cannot be considered a punishment. The ruling emphasizes that High Courts should not arbitrarily interfere with the disciplinary authority's decision if the proceedings were regular and based on findings of delinquency.

State Of Rajasthan And Ors. vs Sujata Malhotra · Niyam