Ordinarily, whenever the Court opines that the punishment imposed is harsh and disproportionate, the Court should remit it to the competent authority to impose appropriate punishment. However, there are exceptions carved out to this course. Such observations are made by the Hon’ble Telangana High Court before Hon’ble Justice P.NAVEEN RAO & Hon’ble Justice P.SREE SUDHA in the matter of Union of India, rep. by its General Manager vs Sri Y.R.Gettiyawar, s/o.Ramappa [WRIT PETITION NOS.21082 OF 2005 & 1635 OF 2006].
The facts of the matter were that the applicant was appointed as Ticket Collector and earned promotions as Travelling Ticket Examiner, Head Travelling Ticket Examiner (HTTE), and Travelling Ticket Inspector (TTI). On the allegation of committing misconduct while working as HTTE, disciplinary proceedings were initiated against the applicant. First charge memo was issued on 3/11.03.1988 and on 8/14.09.1988 revised charge memo was issued containing three charges. Based on the findings recorded by the Enquiry Officer, the Disciplinary Authority imposed punishment of removal from service. On appeal, the Appellate Authority affirmed the said punishment. In the revision preferred by the applicant, the Revisional Authority modified the punishment to that of reduction to a lower post/grade of HTTE in the scale of 5000-8000/- fixing his pay at the minimum of the scale i.e., 5000/- for a period of five years with recurring effect. Aggrieved by the said order the applicant preferred the instant appeal.
The Hon’ble High Court held that “though charges as alleged were very grave, they stood diluted. Further, on charge-III, the officers forming part of the Vigilance Team were also responsible, for reasons best known, no action was taken against the Vigilance Team. Only applicant was singled out. The Court cannot countenance the arbitrary exercise of power and action by the Disciplinary Authority treating the two employees similarly situated differently”
Finally, the Hon’ble High Court used the extraordinary power and modified it to reduce to the stage of 5500/- in the scale of 5500- 9000/- in the post of Travelling Ticket Inspector for a period of two years with recurring effect.
Judgment Reviewed by: Rohan Kumar Thakur