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Life Corp.Of India & Ors vs S.Vasanthi on 14 August, 2014

In so far as the decision in the case of Life Insurance Corporation of India & Ors. Vs. S. Vasanthi (2014) 9 SCC 315 is concerned, on which heavy reliance has been placed by learned counsel for the appellant, we find that the said decision reiterates the well settled legal position that Court cannot assume the function of Disciplinary/Department Authorities to decide the quantum of punishment.
Supreme Court of India Cites 7 - Cited by 21 - A K Sikri - Full Document

Ceo, Krishna District Coop. Central ... vs K Hanumantha Rao And Anr on 9 December, 2016

15. We may now refer to the decisions relied upon by the learned counsel for the Appellant and find that in so far as the decision in Chief Executive Officer, Krishna District Co-operative Central Bank Ltd. & Anr. Vs. K. Hanumantha Rao & Anr, 2017 (152) FLR 131 concerned, the same relates to case where the Apex Court after considering the nature of misconduct, had opined that in the facts of those cases, the penalty imposed by the Disciplinary Authority could not be held to be disproportionate and had, therefore, set aside the decisions of the High Court, allowing the writ petitions on the premise that the penalty was disproportionate.
Supreme Court of India Cites 7 - Cited by 38 - A K Sikri - Full Document

Allahabad Bank & Ors vs Krishna Narayan Tewari on 2 January, 2017

17. On the other hand, we find that the decision in the case of Allahabad Bank & Ors. Vs. Krishna Narayan Tewari 2017 (1) SCALE 89 relied upon by the respondent, which deals with a case wherein the High Court, after finding that the inquiry and the order passed by the Disciplinary Authority as also by the Appellate Authority was vitiated, had exercised its power of judicial review in directing the release of the retiral benefits of the employee instead of remanding back the matter for a fresh inquiry. We find that the Apex Court, while dealing with the aforesaid situation had observed that there may be situations where because of a long time lag or such other supervening situations, where the writ Court considers it as unfair harassment or otherwise unnecessary LPA No.173/2015 Page 8 of 10 to direct a fresh inquiry or fresh order by the Competent Authority, it may pass a considerable order itself. Thus we have no hesitation in rejecting the contention of the learned counsel for the appellant that in no circumstances should the Court substitute the penalty imposed on the employees.
Supreme Court of India Cites 3 - Cited by 188 - T S Thakur - Full Document
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