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january 2014

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.

ISHWAR CHANDRA JAYASWAL vs UNION OF INDIA . · Niyam