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1 - 3 of 3 (0.20 seconds)Ex. Capt. K.C. Arora And Another vs State Of Haryana And Others on 26 April, 1984
1997(3) SCT 383, this Court in paragraph 23 opined
that a person who according to the authorities was
merely negligent could not be more guilty than a person
who had actually committed embezzlement. In the
instant case, the only allegation against the petitioner is
of negligence in the discharge of his duties. He can
certainly not be inflicted a punishment which is more
stringent than the punishment inflicted on those who
have been found to be guilty of embezzlement. Learned
counsel for the petitioner has also placed reliance on the
decision rendered by this Court in N.C. Arora v. State
of Haryana, 1997(1) SCT 206. In the aforesaid case
three officials had been charged with negligence in
respect of a transaction which had resulted in loss to the
Government. The Punishing Authority inflicted upon
one of the three officials the punishment of stoppage of
two increments; against another, the Punishing
Authority passed an order of recovery of a part of the
loss; whereas against the petitioner, the Punishing
Authority passed the order of dismissal from service.
On the basis of the facts in the aforesaid case, this Court
arrived at the conclusion that the Punishing Authority
had acted unfairly. Consequently, the order of
punishment was quashed with liberty to the
Government to take a fresh decision in accordance with
law. The conclusions drawn in the aforesaid decision
also apply to this case."
Nagar Council Banur, District Patiala vs Punjab State Electricity Board, ... on 21 July, 2011
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