bring his case to the harbour of proportionality of punishment to urge it
was harsh and oppressive. The said case arose out of a labour ... December, 1972) with the
object to examine the important aspect of proportionality of punishment
imposed upon, if the acts of misconduct alleged against the workman
where the Court found, while
adverting to the issue of proportionality of punishment in relation to
decision to disengage a person from the services ... which have laid down that even
apart from the fact of proportionality of punishment, the employer is entitled
C.W.P. No.21577
well under
Article 14."
Principle of Proportionality:-
17.2 As per principle of proportionality, punishment prescribed by
legislation must be commensurate to alleged offence ... right
punishment was awarded to the officers in accordance with well known
principles of law or whether the punishment required any upward revision.
Proportionality
seen regressive, in
modern day sentencing jurisprudence, since it focusses on punishing
proportionally to the harm done and caters to the senses of spite ... deterrent' and 'punitive' aspects tend to discourage and
'punish' for the offence committed, albeit the objects do change.
A Court
benefits is, therefore,
asserted to be unsustainable.
12. On the proportionality of punishment, it is contended that even
assuming absence, the same did not warrant ... decision-
making process, the existence of wilful misconduct, and the proportionality of
punishment within the statutory framework of the CRPF Act and Rules
civil consequences, a hearing before taking a decision is
necessary"
Proportionality Of Punishment
29. On the question of proportionality of punishment ... lucidly explained that even in matters where the choice and quantum of
punishment lie within the discretion of the disciplinary authority, such discretion
competent authority to
reconsider quantum of punishment. As per principle of proportionality,
punishment prescribed by legislation must be in commensurate to alleged
offence. If punishment ... right punishments were awarded to the
officers in accordance with well known principles of law or whether the
punishments required any upward revision. Proportionality
must follow
soon after the act for which it is given. But
punishment always takes place weeks or even
months after the offense has been ... seen
regressive, in modern day sentencing jurisprudence for its focus
on punishing proportionally for the harm done and caters to the
negative senses of spite
competent
authority to reconsider quantum of punishment. As per principle of
proportionality, punishment prescribed by legislation must be in
commensurate to alleged offence. If punishment ... right
punishments were awarded to the officers in accordance with well known
principles of law or whether the punishments required any upward
revision. Proportionality
Labour Court also decided to examine the issue of the
proportionality of punishment in a petition under Section 33(2)
(b). The learned Senior Counsel ... misconduct could be expressly gone into as well
as on the proportionality of punishment. It would be relevant
only in a case when such
