proportionality. The issue of proportionality should
be left to the wisdom of the House. In other words, the Court
cannot examine the quantum of punishment ... allow punishment of the innocent, for any
punishment in excess of what is deserved for the criminal
conduct is punishment without guilt.”
…..
Proportion between crime
Regime of Punishments in light of Article 21 & Doctrine of Proportionality
K.
Punishments & Article 21
(i). Right to human dignity
(ii). Supreme Court ... restraints during the reformation, self development & rehabilitation programme
M.
Proportionality and Punishment
N.
Conclusions & Reliefs
O.
Appendix
A. Reliefs sought
2. By order
justified in applying the doctrine of
proportionality. Doctrine of proportionality in the context of
imposition of punishment in service law gets attracted when
the court ... justified in applying the
doctrine of proportionality. Doctrine of proportionality
in the context of imposition of punishment in service
law gets attracted when the court
Sastry award, Paras. 521(10A) and 521(2) - Misconduct -
Dismissal - Proportionality of punishment - Appellante -
employee of State Bank of India, dismissed after enquiry on
charges ... however grave it may appear
to be;
(vii). go into the proportionality of punishment unless it
shocks its conscience.
14. In one of the earliest
however grave it may
appear to be;
(vii) go into the proportionality of punishment
unless it shocks its conscience."
14. On the other hand ... justified in applying the doctrine of
proportionality. Doctrine of proportionality in the
context of imposition of punishment in service law gets
attracted when the court
Regime of Punishments in light of Article 21 & Doctrine of Proportionality
K.
Punishments & Article 21
(i). Right to human dignity
(ii). Supreme Court ... restraints during the reformation, self development & rehabilitation programme
M.
Proportionality and Punishment
N.
Conclusions & Reliefs
O.
Appendix
A. Reliefs sought
2. The petitioner
regime of punishments in light of Article 21 & Doctrine of Proportionality
K.
Punishments & Article 21
(i). Right to human dignity
(ii). Supreme Court ... restraints during the reformation, self development & rehabilitation programme
M.
Proportionality and Punishment
N.
Conclusions & Reliefs
O.
Appendix
A. Reliefs sought
2. The petitioner
desire application of judicial mind to the question of even proportionality of punishment/penalty. I have said so because the Industrial Disputes ... with the avowed object to examine the important aspect of proportionality of punishment imposed upon a workman if, the acts of misconduct alleged against workman
quantum of
punishment is within the jurisdiction and discretion of the
authority empowered to inflict such punishment. It is only if
punishment is found ... adjudication
of the issue of proportionality.
220. Proportionality first came to be applied in
the context of punishments imposed for
misconduct in service jurisprudence
said
decision is provided from the Lawsuit software, again is on
proportionality of punishment. The unreported case, J.H.
Joshi Vs. State of Gujarat rendered ... service by
the learned advocate for the petitioner with regard to
proportionality of punishment, the law on the scope of judicial
review is required
