Kant Rai and charges were proved in enquiry and lessor punishment i.e. punishment of compulsory retirement has been given to Sri Kamal Kant ... awarded to the petitioner is harsh and against the principles of parity in punishment.
Firstly, I am dealing with the submissions made by the learned
Single
Judge has not given a finding regarding the applicability of parity in
punishment but if the memorandum of charge of co-delinquent
employee, namely ... disciplinary authority cannot impose punishment which is
disproportionate i.e. lesser punishment for serious offences and
stringent punishment for lesser offences.
10. The principle stated
namely, Laxman Bhengra and H.K. Thakur. Hence, the
principle of parity in punishment will not be applicable in
the case at hand ... disciplinary authority cannot
impose punishment which is disproportionate i.e. lesser
punishment for serious offences and stringent punishment for
lesser offences.
10. The principle stated
effect the appellant sought that on parity he
should be also visited only with the punishment of compulsory
retirement.
2
5. On the respondents entering ... cause for
interference can be where the plea raised is of parity in punishment but
then the pre-requisite would be that the parity
identical charges, unless there be
material to distinguish between them parity in the
punishment is required to be maintained as it raises issues
of violation ... India by
differentiating in punishment. If the petitioner represents
for parity in punishment, only to that extent this Court
expects the respondents to consider
record. Thus it has been contended that there should be parity in punishment and in that regard decision of the Supreme Court Director General ... altogether different and, therefore, the question of parity in punishment does not arise. Learned Counsel has also argued in support of the impugned orders
charge(s) of misconduct is proved in an enquiry the quantum of punishment to be imposed in a particular case is essentially the domain ... function of disciplinary/departmental authorities and to decide the quantum of punishment and nature of penalty to be awarded, as this function is exclusively within
nature justice and the discrimination against the petitioner, the principles of parity of punishment with co-delinquents can also be invoked. The Disciplinary Authority cannot ... questioned under the judicial scrutiny. In that case, a breach of parity in punishment with co-delinquents was committed as order of dismissal against similarly
Sukhu Ram vs State Of U.P.& 3 Ors. on 9 March, 2018
Bench
submitted that with regard to
the contention of the petitioner on parity of punishment
with the Dy. Mamlatdar, it is submitted that
punishment/penalty ... nature of allegations.
Therefore, in present case, the petitioner cannot claim
parity in punishment imposed upon him with the Dy.
Mamlatdar. She has further submitted
