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.