Ashok Kumar Vs. Union of India & Anr.
EmailAppeal: Special Leave Petition (C) No. 4053 of 1987.
Petitioner: Ashok Kumar
Respondent: Union of India & Anr.
Apeal: Special Leave Petition (C) No. 4053 of 1987.
Judges: RANGANATH MISRA & MURARI MOHON DUTT,JJ.
Date of Judgment: Mar 22, 1988
Head Note:
CIVIL SERVICE
Termination of service – Absence from duty without leave for three days – Order of termination substituted by a punishment of censure to be entered in the service record – Decision of CAT set aside.
JUDGEMENT:
O R D E R
1. Special leave granted. Heard learned counsel for parties. In the facts and circumstances of the matter we are of the view that the punishment imposed in grossly disproportionate to the charge which was to the effect that the appellant had absented himself from duty for three days without leave. For the same, the punishment of termination of service was certainly not at all warranted. Taking into consideration all the aspects which are available before us we set aside the impugned order of termination of service and in its place a punishment of censure to be entered in the service record be substituted. We accordingly allow the appeal, set aside the decision of Central Administrative Tribunal and restore the decree made by the Munsif subject to the modifications indicated above. Appeal is allowed. No costs.
Appeal allowed.
1. Special leave granted. Heard learned counsel for parties. In the facts and circumstances of the matter we are of the view that the punishment imposed in grossly disproportionate to the charge which was to the effect that the appellant had absented himself from duty for three days without leave. For the same, the punishment of termination of service was certainly not at all warranted. Taking into consideration all the aspects which are available before us we set aside the impugned order of termination of service and in its place a punishment of censure to be entered in the service record be substituted. We accordingly allow the appeal, set aside the decision of Central Administrative Tribunal and restore the decree made by the Munsif subject to the modifications indicated above. Appeal is allowed. No costs.
Appeal allowed.
