Supreme Court of India · 2014-01-03
ISHWAR CHANDRA JAYASWAL vs UNION OF INDIA .
- Citation / case number
- SC 2012/14385
- Court
- Supreme Court of India
- Petitioner
- ISHWAR CHANDRA JAYASWAL
- Respondent
- UNION OF INDIA .
- 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 as bribes was disproportionate to the charges against him, violating the doctrine of proportionality. The Court emphasized that punishment must be commensurate with the misconduct, referencing Union of India v. S.S. Ahluwalia (2007) 7 SCC 257, which allows for remand if the punishment shocks the conscience of the Court. The Court ultimately found the removal to be excessive and ordered reconsideration of the penalty.