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.