under Rule 15.
Learned senior counsel then contended that the
proportionality of the punishment was not duly
addressed by the Appellate Authority after the
earlier ... previous Inquiry Officer
retired from service. As regards the
proportionality of the punishment, learned
counsel submitted that though the deceased
appellant did not gain
Judge presumably intended to confine the matter to the
question of proportionality of punishment. Against this decision,
however, the respondent filed Letters Patent Appeal. That ... submits that the appellants having consented to
examine the question of proportionality of punishment cannot be
permitted to resile from that position. Indisputably, the
respondent
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
secondary review based on
Wednesbury principles apply."
40. Additionally, the proportionality and punishment in
of
service law has been discussed by this Court ... stated in Ganayutham."
41. With respect to the proportionality of the
.
punishment of 'censure', it was further observed by this
Court
facts of the case, the
doctrine of proportionality will have no application. The
punishment imposed is not shockingly disproportionate so as
to invoke the doctrine
Constitution of India, to go into the proportionality of punishment so long as the punishment does not shock the conscience of the 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
fate, perhaps, would
have been quite different. The doctrine of proportionality of punishment to
be inflicted, ought to have been taken into account ... dated December 15, 2015 and the reference to the doctrine of proportionality regarding
punishment, that the court found the punishment of removal from service shockingly
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
however grave it may appear to be;
7. Go into the proportionality of punishment unless it shocks its
conscience.)
IV) (2007) 8 Supreme Court Cases ... India Vs. P.
Gunasekaran ) gives a narrow scope to consider the proportionality of
punishment. The proportion of punishment in the case under reference
definitely shocks
fact, however, grave it may be, or
go into the proportionality of punishment unless it shocks the
conscience.
It is equally well-settled that ... 6022/1991 CAV JUDGMENT
(vii) go into the proportionality of punishment
unless it shocks its conscience.
14. In one of the earliest decisions in State
