Rajendra Singh

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Doctrine of Equality in awarding punishment in departmental proceedings , is applicable or not has to be decided by the appellant authority but not by High court as the High court has no power to issue such a directions = Doctrine of Equality = The principles discussed above can be summed up and summarized as follows: (a) When charge(s) of misconduct is proved in an enquiry the quantum of punishment to be imposed in a particular case is essentially the domain of the departmental authorities; (b) The Courts cannot assume the function of disciplinary/departmental authorities and to decide the quantum of punishment and nature of penalty to be awarded, as this function is exclusively within the jurisdiction of the competent authority; (c) Limited judicial review is available to interfere with the punishment imposed by the disciplinary authority, only in cases where such penalty is found to be shocking to the conscience of the Court; – (d) Even in such a case when the punishment is set aside as shockingly disproportionate to the nature of charges framed against the delinquent employee, the appropriate course of action is to remit the matter back to the disciplinary authority or the appellate authority with direction to pass appropriate order of penalty. The Court by itself cannot mandate as to what should be the penalty in such a case. (e) The only exception to the principle stated in para (d) above, would be in those cases where the co-delinquent is awarded lesser punishment by the disciplinary authority even when the charges of misconduct was identical or the co- delinquent was foisted with more serious charges. This would be on the Doctrine of Equality when it is found that the concerned employee and the co-delinquent are equally placed. However, there has to be a complete parity between the two, not only in respect of nature of charge but subsequent conduct as well after the service of charge sheet in the two cases. If co-delinquent accepts the charges, indicating remorse with unqualified apology lesser punishment to him would be justifiable. Applying these principles to the facts of the present case, we may observe that, no doubt the charges in respect of two sets of employees were identical. Though the other set of employee accepted the charges on the first day of enquiry, a factor which is to be kept in mind, that even those employees had denied the charges in the first instance and accepted these charges only in the departmental enquiry, that too after realizing that similar charges had been proved against the respondents herein in the departmental enquiry. Therefore, it was not a case where those employees had expressed the unconditional apology in the first instance. This may be a mitigating circumstance for the appellants herein. At the same time, we are of the opinion that all these aspects are to be considered by the appellate authority. The High Court did not look into all these aspects and mandated the appellate authority to pass orders imposing a specific penalty only. This direction of the High Court is, accordingly, set aside and the matter is remitted back to the appellate authority to take a decision imposing – appropriate penalty on the respondents herein. We are confident that the mitigating circumstances pointed out by the respondents herein would be given due consideration by the appellate authority, keeping in view the ratio of Rajendra Yadav’s case as well. It would be open to the respondents herein to make representation in this behalf to the appellate authority on the basis of which the respondents want to contend that they should be given same treatment as meted out to other three employees. Such a representation will be given 15 days from today. Appellate Authority shall pass appropriate orders deciding the appeals afresh within 2 months from today. 19. Appeals are allowed in the aforesaid terms. No costs.

 published in   http://judis.nic.in/supremecourt/imgst.aspx?filename=40604      (REPORTABLE) IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NOs…6142/2013 (Arising out of Special Leave Petition (Civil) No.10025 of 2012) Lucknow K.Gramin Bank (Now Allahabad,U.P.Gramin Bank) & Anr. …..Appellant (s) Vs. Rajendra Singh …..Respondent (s) With C.A.Nos. 6143 & 6144/2013 (@ SLP (C) Nos.11211 of 2012 & … Continue reading

the High Court allowed the Government Appeal, set aside the judgment of acquittal rendered by the trial court, and finding the appellant guilty of the offence of murder convicted him under section 302 of the Penal Code and gave him the sentence of rigorous imprisonment for life. = tried to conceal the relationship between him and the deceased.= “Bhabhi” is a common form of address for the wife of someone who is known from before.; Coming now to Ex.Ka-10, it needs to be noted that that was an application for leave of absence given where he was working. It is a common failing to try to justify the unsanctioned absence from work by making out excuses and by taking some liberty with actual facts. Therefore, in his application for condoning the absence for four days, if he said that his cousin had met with a tragic accident, it cannot be inferred that the deceased was actually his cousin and in court he was trying to conceal the relationship. ; The Investigating Officer (PW.11) stated that he arrested the appellant at 8.00 p.m. on July 28, 1988. In course of interrogation he volunteered to produce the scissors used for killing the deceased from his shop. He took the Investigating Officer to his shop, opened it with the keys kept in his pocket and recovered the blood stained scissors from under the shop counter and produced it before the Investigating Officer. 35. PW.6 stated that on July 28, 1988, while he was going to the house of the deceased, he met the police people in Indira colony (the place where the occurrence took place). The appellant was also with them. The police people brought the appellant to his shop and got it opened and on the asking of the Daroga, the appellant picked up a pair of scissors from the counter of his shop and handed it to the police. A recovery memo was prepared and the signatures of the witness and one Bhim Singh were taken on the recovery On a careful consideration of the materials on record and the submissions made on behalf of the appellant and the State, we are of the view that the High Court has rightly rejected the view taken by the trial court as wholly untenable and has rightly accepted the evidences of PW.2 and PW.3 in order to bring home the guilt of the appellant. 37. In the light of the discussion above, we find no merit in the appeal. It is, accordingly, dismissed.

Page 1 REPORTABLE IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO.1702 OF 2008 Rajendra Singh … Appellant Versus State of Uttaranchal … Respondent J U D G M E N T Aftab Alam, J. 1. This appeal is directed against the judgment and order dated April 30, 2008 passed by the Uttarakhand … Continue reading

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