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january 2014

Supreme Court of India · 2014-01-03

Ishwar Chandra Jayaswal vs Union Of India & Ors

Citation / case number
AIRONLINE 2014 SC 149
Court
Supreme Court of India
Petitioner
Ishwar Chandra Jayaswal
Respondent
Union Of India & Ors
Author
Vikramajit Sen
Bench
Vikramajit Sen, T.S. Thakur

Judgment text excerpt

The Supreme Court held that the removal of Dr. Ishwar Chandra Jayaswal from service for accepting minor sums in exchange for Fit Certificates was disproportionate to the charges proved against him, violating the principle of proportionality. Citing Union of India v. S.S. Ahluwalia (2007) 7 SCC 257, the Court emphasized that punishment must be commensurate with the misconduct. The Court modified the penalty to compulsory retirement instead of removal, considering the appellant's long service and age.

Ishwar Chandra Jayaswal vs Union Of India & Ors · Niyam