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1 - 8 of 8 (0.24 seconds)The Army Act, 1950
Ex. Naik Sardar Singh vs Union Of India And Others on 3 May, 1991
So also in Ex-Naik Sardar
Singh v. Union of India & Ors. (1991) 3 SCC 213
instead of one bottle of brandy that was authorized the
delinquent was found carrying four bottles of brandy while
going home on leave. He was sentenced to three months
rigorous imprisonment and dismissal from service which was
found by this Court to be disproportionate to the gravity of
the offence proved against him.
Hind Construction & Engineering Co. Ltd vs Their Workmen on 9 November, 1964
12. The decision of this Court in Hind Construction &
Engineering Co. Ltd. v. Workmen (AIR 1965 SC 917)
dealt with a situation where some workers had remained
absent from duty treating a particular day as a holiday.
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They were for that misconduct dismissed from service. This
Court held that the absence of the workmen could have
been treated as `leave without pay' and they could also be
warned and not fined. Reversing the order of punishment
this Court observed:
Bhagat Ram vs State Of Himachal Pradesh And Ors. on 24 January, 1983
In Bhagat Ram v. State of Himachal Pradesh
(1983) 2 SCC 442 this Court held that if the penalty
imposed is disproportionate to the gravity of the misconduct,
it would be violative of Article 14 of the Constitution.
M.P. Gangadharan & Anr vs State Of Kerala & Ors on 12 May, 2006
14. We may refer to the decision of this Court in M.P.
Gangadharan & Anr. v. State of Kerala & Ors. (2006) 6
SCC 162, where this Court declared that the question of
reasonableness and fairness on the part of the statutory
shall have to be considered in the context of the factual
matrix obtaining in each case and that it cannot be put in a
straitjacket formula. The following passage is in this regard
apposite:
Management Of The Federation Of Indian ... vs Their Workman, Shri R. K. Mittal on 15 November, 1971
13. Reference may also be made to Management of the
Federation of Indian Chambers of Commerce and
Industry v. Workman, Shri R.K. Mittal (1972) 1 SC 40)
where the employer had issued a legal notice to the
federation and to the international chamber of Commerce
which brought discredit to the petitioner-employer. A
domestic inquiry was held in which he was found guilty and
his services terminated. This Court held that the punishment
was disproportionate to the misconduct alleged observing:
Ranjit Thakur vs Union Of India And Ors on 15 October, 1987
In Ranjit Thakur v. Union of India & Ors. (1987) 4
SCC 611, this Court was dealing with a case where the
petitioner had made a representation about the
maltreatment given to him directly to the higher officers. He
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was sentenced to rigorous imprisonment for one year for
that offence. While serving the sentence imposed upon him
he declined to eat food. The summary court martial
assembled the next day sentenced him to undergo
imprisonment for one more year and dismissal from service.
This Court held that the punishment imposed upon the
delinquent was totally disproportionate to the gravity of the
offence committed by him.
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