this Court does consider such question,
what would be the proportional
punishment.
16. The first question must be answered in
the light of the provisions ... exercise of powers of judicial
review, consider the question of proportional
punishment to shorten the litigation imposing
appropriate punishment with cogent reasons
supporting the same
comprehensive proceeding and the adjudication process
under Section 10 includes the proportionality of
punishment also. Hence, it is submitted that any order on
Serial Applications ... admittedly a larger comprehensive proceeding and
the adjudication process includes the proportionality of
punishment also, the order on Serial applications has no
effect
held
against the Corporation on the ground of victimization and
proportionality of the punishment. Aggrieved by the
award, the petitioner preferred W.P. No.10271 ... disproportionate
punishment. This court found that the finding regarding
proportionality of the punishment imposed, was on the
basis of earlier orders passed by the petitioner
while considering the
determinative factor of sentence with gravity of
crime. The punishment should not be so lenient
that it shocks the conscience ... Supreme Court while considering
award of suitable and proportional punishment in the case of
State Of Madhya Pradesh vs Bala @ Balram reported
petitioner
are proved and therefore, the Disciplinary Authority has passed
proportional punishment to the petitioner and accordingly sought
10
for dismissal of the writ petition ... should go unpunished. Although
the doctrine of proportionality may be applicable in
such matter, but a punishment of dismissal from
service for such a misconduct
understood."
In dealing with the principle of proportion between crime
and punishment, the Supreme Court in the case of State of UP
vs. Satish ... does not
allow punishment of the innocent, for any
punishment in excess of what is deserved for
the criminal conduct is punishment without
guilt
paid by the appellants.
2. Among other issues, the proportionality of
punishment, power to award compensation for
disobedience or breach of an interim order ... imprisonment is also ordered. To decide the question
on the punishment and its proportionality the Court has to
consider Order XXXIX Rule
The Registrar General, High Court Of ... vs Talawara Venkatappa on 31 January, 2003
Equivalent citations
OnLine SC 897.
12
6. Insofar as the contention regarding proportionality
of punishment, Sri. Sriranga S., learned Senior Counsel
referred to the following judgments ... however grave it may appear
to be;
(vii) go into the proportionality of punishment unless it
shocks its conscience."
16. We are in agreement
take law into their own
hands. The principle of proportion between crime
and punishment is a principle of just desert that
serves as the foundation ... does
not allow punishment of the innocent, for any
punishment in excess of what is deserved for the
criminal conduct is punishment without guilt
