Supreme Court of India · 2007-12-03
Vishwanath vs Union Of India & Ors
- Citation / case number
- AIRONLINE 2007 SC 203
- Court
- Supreme Court of India
- Petitioner
- Vishwanath
- Respondent
- Union Of India & Ors
- Bench
- Tarun Chatterjee, Dalveer Bhandari
Judgment text excerpt
The Supreme Court held that the punishment of removal from service imposed on the appellant, a member of the Railway Police Force, was shockingly disproportionate to his misconduct, especially when a colleague involved in the same incident received a lesser penalty. The Court emphasized that the appellant acted under grave provocation when he slapped his colleague, who had made derogatory remarks about his wife. Consequently, the Court set aside the removal and substituted it with a penalty of withholding of increment for three years, without back wages, thereby ensuring a more equitable outcome under the circumstances.