Supreme Court of India · 2007-12-03
VISHWANATH vs UNION OF INDIA
- Citation / case number
- SC 2006/19923
- Court
- Supreme Court of India
- Petitioner
- VISHWANATH
- Respondent
- UNION OF INDIA
- 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 the misconduct, which stemmed from provocation by a colleague. The Court noted that while both the appellant and the colleague were found guilty, the latter received a lesser penalty of withholding of increment. The Court set aside the removal and substituted it with a penalty of withholding increment for three years, emphasizing the need for proportionality in disciplinary actions under service law.