Vikram Singh @ Vicky & Anr vs Union Of India & Ors on 21 August, 2015
secondary review based on
Wednesbury principles applies."
37. Additionally, the proportionality and
punishment in service law has been discussed by
this Court ... stated in Ganayutham."
38. With respect to the proportionality of the
punishment of 'censure', it was further observed
by this Court
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 ... Articles 226/227 of the Constitution of India to go into proportionality of punishment so long as the punishment does not shock the conscience
dated 10.04.2012 delivered by the Labour Court on the point of
proportionality of punishment in Complaint (ULP) No.88/2001 filed by
the Petitioner ... enquiry, the findings of the Enquiry Officer
and the proportionality of punishment.
7 By Part-I order dated 08.02.2007, the Labour Court concluded
that
matters of departmental enquiry, is very limited. Moreover, the proportionality of a punishment is again a matter within the domain of the employer. The petitioner ... 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."
25. The Apex Court ... open to the
High Court to go into the proportionality of
punishment or substitute the same with a
lesser or different punishment. These aspects
have
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 ... Articles 226/227 of the Constitution of India to go into proportionality of punishment so long as the punishment does not shock the conscience
dispose of the writ petitions considering the sole issue of
proportionality of the punishment. Therefore, the
question arises for determination is whether this Court ... dispose of the writ
petitions only on the question of proportionality of
punishment in the light of the established principles of
law.
5. In support
into the evidence against the charged
officer to affirm whether the punishment is proportional to the
W.P.(C) 7699/2013 Page ... however grave it may appear to
be;
(vii). go into the proportionality of punishment unless it shocks
its conscience.
In the case of State
before any Court.
h. The Labour Court dealt with the proportionality of the
punishment and by its judgment dated 21/12/2012, allowed
the complaint ... upheld.
3. The petitioner has strenuously contended that the
proportionality of the punishment in relation to the seriousness and
gravity of the mis-conducts