however grave it may
appear to be;
(vii). go into the proportionality of punishment
unless it shocks its conscience.
Xx xx xx
19. The disciplinary ... India , (2001) 2 SCC 386 while considering the
quantum of punishment / proportionality has observed
that in determining the quantum, role of administrative
authority is primary
aforesaid applicant preferred an appeal, whereby the Appellate Board on proportionality of punishment and on the ground of mechanical order passed ... contend that the Appellate Board has also not gone into the proportionality of punishment.
10. Learned counsel has also projected a case of no misconduct
applicant filed a statutory appeal raising the specific plea regarding the proportionality of punishment awarded to him. He stated that he had rendered 35 years ... appeal preferred by the applicant he had raised the plea of proportionality of punishment whereas in the impugned order deciding the appeal, the issue
judicial review as well as in regard to the quantum of punishment and in the case of State of Rajasthan Vs. Md. Ayub Naaz reported ... India , (2001) 2 SCC 386 while considering the quantum of punishment / proportionality has observed that in determining the quantum, role of administrative authority is primary
incumbent upon the appellate and revisional authorities to have considered the proportionality of punishment. We do not find any such consideration made by the authorities ... referred to above. No finding has been recorded as to the proportionality of punishment.
27. However, we find on record that applicant had informed
judicial review as well as in regard to the quantum of punishment and in the case of State of Rajasthan v. Md. Ayub Naaz reported ... Kumar v. Union of India while considering the quantum of punishment / proportionality has observed that in determining the quantum, role of administrative authority is primary
considered and no finding has been recorded on proportionality of punishment.
6. On the other hand, Shri M M Sudan, learned counsel for respondents vehemently ... have been highlighted but the same were not considered and on proportionality of punishment, no finding has been recorded, which vitiates the order
Appellate Authority to re-examine the matter on the question of proportionality of punishment, keeping in light the service rendered by the applicant and also ... clearly mentioned that several points have been raised but since proportionality of punishment was not looked into, the matter was remitted back to the Appellate
punishment though taken the grounds of de novo enquiry and proportionality of punishment, yet the appellate authority without dwelling in right perspective the grounds, upheld ... more than 35 years of applicant and his previously clean record, proportionality of punishment, which is to be gone into by the appellate authority, merely
from the date of removal.
3. In our considered view, the proportionality of punishment and other legal grounds are to be examined by the departmental ... view the grounds taken, dispose it of by also considering proportionality of punishment by a reasoned and speaking order to be passed within a period
