petition under Section 46 of the Act. It may be called
as leniency application.
9. The DG during its detailed investigation on the basis ... appellants were held guilty and
penalised only on the basis of leniency application filed on behalf
of the applicants. He has further assailed the order
committed any offence. In the alternative he pleaded for leniency on the basis that the appellant is already convicted by the Criminal Court ... already been fined by the Court and would pray for leniency. In fact it is evident from the order in original that he admitted
contended that the cartel was exposed through the leniency
application filed by M/s Jai PolyPan (P) Ltd., which disclosed coordination and
collusion among ... present case
features overwhelming direct evidence of emails shared by the leniency applicant,
multiple tenders floated by different railway zones, and only seven RDSO Part
applicant deposited the
amount of misappropriation but that is not sufficient for
leniency. Because the applicant dented the image of Post Office
and the Government ... therefore, no leniency was required in the
case. Appropriate punishment has been awarded.
5. Therefore, the only question remains before this Court
is :- "Whether
given. Looking to the nature
of misconduct committed by the applicant, some leniency was
required in the quantum of punishment.
5. The respondents opposed ... position of law, learned
counsel for the respondent submitted that leniency may be
shown to the respondent having regard to long years of service
rendered
submitted by the learned counsel for the applicant that
some leniency was required in the punishment but the punishment of
removal has been awarded ... deposited the amount also.
Therefore, he was entitled for some leniency.
5. On the other side, the respondents' counsel oppose the
contention and submitted
that as it was a case of a bona fide mistake, further leniency was required to be shown and they would pray that the penalty ... rendering them liable for confiscation under Section 111 (d). The leniency was shown to the extent that no fine had been imposed and the goods
mentioned in the point
7 above.
9) If, there is any leniency in penalizing or no penalties levied ( punitive as
well as disciplinary ... provided with the complete information leading to
any such leniency in penalizing or no penalties levied ( punitive as well
as disciplinary ) or no action taken
mentioned in the point
7 above.
9) If, there is any leniency in penalizing or no penalties levied ( punitive as
well as disciplinary ... provided with the complete information leading to
any such leniency in penalizing or no penalties levied ( punitive as well
as disciplinary ) or no action taken
mentioned in the point
7 above.
9) If, there is any leniency in penalizing or no penalties levied ( punitive as
well as disciplinary ... provided with the complete information leading to
any such leniency in penalizing or no penalties levied ( punitive as well
as disciplinary ) or no action taken
