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december 2007

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.

VISHWANATH vs UNION OF INDIA · Niyam