M. Duraisamy was serving as a Postal Assistant. He committed fraud and admitted so. M. Duraisamy deposited entire defrauded amount. He was imposed penalty of ‘removal’. Central Administrative Tribunal modified punishment from ‘removal’ to ‘compulsory retirement’.
Chairman & Managing Director, V.S.P. v. Goparaju Sri Prabhakara Hari Babu, (2008) 5 SCC 569 observed, once all procedural requirements had been complied with, Courts would not ordinarily interfere with quantum of punishment imposed upon delinquent employee. Doctrine of Proportionality would not be invoked when misconduct stands proved.
Substituting punishment of ‘removal’ to ‘compulsory retirement’ is unsustainable. No sympathy was warranted.
– Hon’ble Justice M.R. Shah, Union of India v. M. Duraisamy, [Criminal Appeal No. 2665 of 2022] decided on 19.04.2022.