Dev Singh vs Punjab Tourism Development ...

The Supreme Court held that the dismissal of the appellant, a Senior Assistant in the Punjab Tourism Development Corporation, for the misplacement of a file was disproportionate to the misconduct alleged, which did not involve any malice or ulterior motive. The Court emphasized that while it generally refrains from substituting its own conclusions on penalties, it may intervene if the punishment shocks the conscience of the court, as established in Bhagat Ram vs. State of H.P. (1983 2 SCC 442) and other precedents. The Court ultimately set aside the dismissal and directed reconsideration of the penalty, given the appellant's long unblemished service record and the nature of the misconduct.