Supreme Court of India
RAJASTHAN STATE TPT CORPN. & ANR.versusBAJRANG LAL
- Citation
- 2014 INSC 192
- Decided
- 14 March 2014
- Disposal
- Appeal(s) allowed
- Bench
- B S CHAUHAN
Holding
The order of removal (dismissal) of the employee is upheld; the appeal is allowed and the lower courts' judgments are set aside.
Summary
The Rajasthan State Road Transport Corporation (the Corporation) appealed against judgments that had upheld a civil suit filed by its former trainee conductor, Bajrang Lal, challenging his removal from service for alleged embezzlement. The lower courts had found that the disciplinary enquiry violated principles of natural justice because the employee was not allowed to cross‑examine witnesses, was not supplied with documents, and was not heard on the quantum of punishment. The Supreme Court held that the employee bore the burden of proving his allegations, that the trial court’s findings were unsupported by evidence, and that the disciplinary authority had complied with the standing orders. It further ruled that a second appeal may be entertained on questions of fact where the findings of lower courts are perverse, and that dismissal is the appropriate punishment for corruption. Consequently, the Court set aside the lower courts' decisions and restored the order of removal (dismissal) passed by the Disciplinary Authority.
Issues considered
- The maintainability of a civil suit challenging disciplinary dismissal versus recourse to the Industrial Disputes Act, 1947.
- Whether the departmental enquiry complied with principles of natural justice (recording of witness statements, cross‑examination, supply of documents, hearing on quantum of punishment).
- Who bears the burden of proof in a suit challenging removal from service.
- Whether a second appeal can be entertained on questions of fact where lower court findings are perverse.
- Whether dismissal is the proper punishment for proven embezzlement and if removal is proportionate.
Legislation cited
Subjects
Service lawTermination from serviceEmbezzlementDisciplinary enquiryNatural justiceSecond appealBurden of proofProportionality of punishment
Judgment
[2014} 3 S.C.R. 782
A RAJASTHAN STATE TPT CORPN. & ANR.
v.
BAJRANG LAL
(Civil Appeal No. 4104 of 2007)
B MARCH 14, 2014
[DR. B.S. CHAUHAN AND J. CHELAMESWAR, JJ.)
Service law: Termination from service - Embezzlement
of money - Respondent-employee working as a trainee
C conductor on daily basis found carrying passengers without
tickets - Chargesheeted - Enquiry officer found charges
proved against him - Disciplinary Authority passed order of
punishment of removal from service - Suit challenging
removal decreed accepting the allegation of employee that
D in the inquiry the statement of the witnesses were not recorded
in front of him; that he was not given an opportunity to cross-
examine the witnesses produced by Corporation; that he was
not supplied with the copies of the documents and was not
heard on the quantum of the punishment - Corporation's
E appeal dismissed by first appellate court and High Court -
Held: The findings recorded by trial court was based only on
the allegations made by the employee in the plaint and on
account of non-rebuttal of same on part of Corporation,
though the trial court had proceeded with the case clearly
F observing that the burden of proving the issue was on the
employee and not on the Corporation - There was no specific
pleading as to what document relied upon by the enquiry
officer was not supplied to employee or which witness was not
permitted to be cross-examined by him - Also trial court did
G not make any reference to enquiry report or contents thereof
- The entire case was based on ipsi dixit - High Court in
Second Appeal refused to examine the issue by merely
observing that no substantial question of law was involved and
the ljndings of fact, even though erroneous, cannot be
H 782
RAJASTHAN STATE TPT CORPN. & ANR. v. 783
BAJRANG LAL
disturbed in Second Appeal - The conclusion reached by A
High Court was erroneous as Second Appeal, in exceptional
circumstances, can be entertained on pure questions of fact
- Regarding the question of punishment; in cases involving
corruption, there cannot be any other punishment than
dismissal - Any sympathy shown in such cases is totally B
uncalled for and opposed to public interest - The amount
misappropriated may be small or large; it is the act of
misappropriation that is relevant - No interference called for
with the order of dismissal.
Pleadings: Held: A party has to plead the case and C
produce/adduce sufficient evidence to substantiate his
submissions made in the plaint and in case the pleadings are
not complete, the Court is under no obligation to entertain the
pleas.
D
Code of Civil Procedure, 1908: s. 100 - Held: There is no
prohibition for the High Court to entertain the Second Appeal
even on question of fact where factual findings are found to
be perverse.
E
Mis. Larsen & Toubro Ltd. & Ors. v. State of Gujarat &
Ors. AIR 1998 SC 1608: 1998 (2) SCR 339; National Building
Construction Corporation v. S. Raghunathan & Ors. AIR 1998
SC 2779: 1998 (1) Suppl. SCR 156; Ram Narain Arora v.
Asha Rani & Ors. (1999) 1 SCC 141: 1998 (1) Suppl. SCR
188 ; Smt. Chitra Kumari v. Union of India & Ors. AIR 2001 F
SC 1237; State of U.P. v. Chandra Prakash Pandey AIR 2001
SC 1298: 2001 (2) SCR 506; Mis. Atul Castings Ltd. v. Bawa
Gurvachan Singh AIR 2001 SC 1684: 2001. (3) SCR 124;
Vithal N. Shetti & Anr. v. Prakash N. Rudrakar & Ors. (2003)
1 SCC 18: 2002 (4) Suppl. SCR 284; Devasahayam (Dead) G
by L.Rs. v. P. Savithramma & Ors. (2005) 7 SCC 653: 2005
~ (3) Suppl. SCR 255; Sait Nagjee Purushotam & Co. Ltd. v.
Vimalabai Prabhulal & Ors. (2005) 8 SCC 252: 2005 (3)
Suppl. SCR 973; Rajasthan Pradesh V. S. Sardarshahar &
Anr. v. Union of India & Ors. AIR 2010 SC 2221: 2010 (7) H
784 SUPREME COURT REPORTS [2014] 3 S.C.R.
A SCR 252; Ritesh Tiwari & Anr. v. State of U.P. & Ors. AIR
2010 SC 3823: 2010 (11) SCR 589; Union of India v. Ibrahim
Uddin & Anr. (2012) 8 SCC 148: 2012 (8) SCR 35; U.P State
Road Transport Corporation v. Suresh Chand Sharma (2010)
6 sec 555: 201 o (7) SCR 239 - relied on.
B
The Premier Automobiles Ltd. v. Kamlekar Shantaram
Wadke of Bombay & Ors., AIR 1975 SC 2238: 1976 (1) SCR
427; Uttam Das Che/a Sunder Das v. Shiromani Gurdwara
Parbandhak Committee, Amritsar AIR 1996 SC 2133 1996
C (3) Suppl. SCR 5; Rajasthan SRTC & Ors. v. Mohar Singh
AIR 2008 SC 2553: 2008 (6) SCR 890; Rajasthan SRTC &
Anr. v. Bal Mukund Bairwa (2009) 4 SCC 299; Rajasthan
State Road Transport .Corporation & Ors., v. Deen Dayal
Sharma AIR 2010 SC 2662 - referred to.
D Case Law Reference:
1976 (1) SCR 427 referred to Para 6
1996 (3) Suppl. SCR 5 referred to Para 6
2008 (6 ) SCR 890 referred to Para 6
E
(2009) 4 sec 299 referred to Para 6 ·
AIR 2010 SC 2662 referred to Para 6
1998 (2) SCR 339 relied on Para 12
F
1998 (1) Suppl. SCR 156 relied on Para 12
1998 (1) Suppl. SCR 188 relied on Para 12
AIR 2001 SC 1237 relied on Para 12
G 2001 (2) SCR 506 relied on Para 12
2001 (3) SCR 124 relled on Para 13
2002 (4) Suppl. SCR 284 relied on Para 13
H 2005 (3) Suppl. SCR 255 relied on Para 13
RAJASTHAN STATE TPT CORPN. & ANR. v. 785
BAJRANG LAL
2005 (3) Suppl. SCR 973 relied on Para 13 A
2010 (7 ) SCR 252 relied on Para 13
2010 (11) SCR 589 relied on Para 13
2012 (8) SCR 35 re':ed on Para 13 B
2010 (7) SCR 239 relied on Para 19
CIVIL APPELLATE JURISDICTION : Civil Appeal No.
4104 of 2007.
From the Judgment and Order dated 08.11.2005 of the C
High Court of Judicature for Rajasthan, Jaipur Bench, Jaipur
in S.B. Civil Second Appeal No. 449 of 2003.
S.K. Bhattarcharya for the Appellant.
D
Anis Ahmed Khan for the Respondent.
The Order of the Court was delivered by
DR. B.S. CHAUHAN, -J. 1. This appeal has been
preferred by the Rajasthan State~~oad Transport Corporation E
(hereinafter referred to as 'Corporation') against the judgment·
and order dated 8.11.2005 passed by the High Court of
Judicature for Rajasthan (Jaipur Bench) in S.B. Civil Second
Appeal No. 449 of 2003 upholding the judgment and decree
date 28.1.2003 in Civil Regular Appeal No. 119 of 2002 F
passed by Additional District Judge, Jaipur, by which and
whereunder, it has affirmed the judgment and decree dated
30.11.1994 passed by the Additional Civil Judge (Jr. Div.) No.
2, Jaipur in Civil Suit No. 1346 of 1988.
2. Facts and circumstances giving rise to this appeal are G
that:
A. The respondent while working as a trainee conductor
on daily basis was found carrying certain passengers without
tickets and, thus, an enquiry was initiated against him. Two H
786 SUPREME COURT REPORTS [2014] 3 S.C.R.
A chargesheets dated 11.3.1988 were served upon him. In the
first chargesheet, it was alleged that on 24.2.1988 while he was
on duty enroute Kota-Rajpura, when his bus was checked, it
was found that 1O passengers were traveling without tickets,
though he had collected the fare from each of them. In the
B second chargesheet, it had been alleged that when he was on
duty on route Kota-Neemuch, his bus was checked and he was
found carrying two passengers traveling on tickets of lesser
amount though, he had collected the full fare from them. The
respondent submitted separate reply to the said chargesheets
c which were not found satisfactory. Therefore, the enquiry officer
was appointed to enquire into the matter and a regular enquiry
ensued. The enquiry officer after conclusion of the enquiry
submitted the report holding that charges leveled against the
respondent in both the chargesheets stood proved against him.
D 8. After considering the report, the Disciplinary Authority
vide order dated 5.8.1988 passed order of punishment of
removal from the service. The respondent filed a Civil Suit on
2.9.1988 challenging the order of removal alleging that he was
not supplied with the documents referred to in the chargesheets,
E nor was given the enquiry report nor other documents. More so,
the quantum of punishment was disproportionate to the proved
delinquency.
C. The Suit was contested by the appellants denying all
F the averments made therein. However, on conclusion of the trial,
the Suit was decreed vide judgment and decree dated
30.11.1994.
D. Aggrieved, the Corporation filed Civil Regular Appeal
No. 119 of 2002, which stood dismissed vide judgment and
G decree dated 28.1.2003.
E. The Corporation challenged both the aforesaid
judgments by filing Regular Second Appeal No. 449 of 2003,
which also stood dismissed vide impugned judgment and
H decree.
RAJASTHAN STATE TPT CORPN. & ANR. v. 787
, BAJRANG LAL [DR. B.S. CHAUHAN, J.]
Hence, this appeal. A
3. Shri S. K. Bhattacharya, learned counsel appearing on
behalf of the appellants, has submitted that none of the courts
below have examined the case in correct perspective. The
stand taken by the appellants that the Suit itself was not
8
maintainable, as the only remedy available to the respondent
was to approach the Labour Court under the Industrial Disputes
Act, 1947 (hereinafter referred to as the 'Act 1947') has not
been properly examined by the courts below. More so, the
pleadings in the plaint were vague. The respondent/plaintiff C
failed to prove any of the allegations made in the plaint,
therefore, the courts below have erred in holding that the enquiry
stood vitiated due to violation of statutory provisions and
principles of natural justice. The enquiry had been conducted
strictly in accordance with law, the provisions of Section 35 of
the Standing Order have been fully complied with and the o·
respondent was given full opportunity to defend himself.
Therefore, the findings of fact recorded by the courts below in
this respect are perverse. The respondent was found to have
embezzled money of the corporation and the punishment of
dismissal cannot be held to be disproportionate to the proved E
delinquency. Thus, the appeal deserves to be allowed.
4. On the contrary, Shri Anis Ahmed Khan, learned counsel
appearing on behalf of the respondent, has opposed the
appeal contending that there are concurrent findings· of facts F
recorded by the three courts. The trial court as well as the first
appellate court have recorded the findings of fact that the
enquiry had not been conducted in accordance with law and
the punishment of dismissal from service was disproportionate
to the delinquency proved. Therefore, no interference is called G
for.
5. We have heard learned counsel for the parties and
perused the record.
6. Undoubtedly, the appellant corporation had taken the H
788 SUPREME COURT REPORTS [2014] 3 S.C.R.
A plea regarding the maintainability of suit on the ground that the
respondent being a workman ought to have approached the
forum available under the Act 1947 and the civil suit was not
maintainable In order to fortify this submission Shri
Bhattacharya has placed reliance on the judgments of this
B Court in The Premier Automobiles Ltd. v. Kamlekar
Shantaram Wadke of Bombay & Ors .. AIR 1975 SC 2238;
Uttam Das Che/a Sunder Das v. Shiromani Gurdwara
Parbandhak Committee, Amritsar, AIR 1996 SC 2133;
Ra1asthan SRTC & Ors. v. Mohar Singh, AIR 2008 SC 2553;
C Rajasthan SRTC & Anr. v. Bal Mukund Bairwa, (2009) 4 SCC
299; and Rajasthan State Road Transport Corporation & Ors.,
v. Deen Dayal Sharma, AIR 201 O SC 2662 and asserted that
the judgments of the courts below are without jurisdiction.
7. Be that as it may, before the trial court, the appellants
D did not press the issue regarding the maintainability of suit even
though the issue in this regard had specifically been framed.
Thus, we are not inclined in delving into this controversy at all.
8. The relevant part of the plaint reads:
E
"That the plaintiff was imposed with the charge sheet no.
1158 dated 11.3.88 that on date 24.2.88 on the route Kota-
Rajpura his vehicle was checked and it was found during
the course of the inspection that he was carrying 10
passengers without tickets and another Charge sheet no.
F 1159 dated 11.3.88 was imposed with the statement that
on date 27.11.88 the plaintiff was found carrying 2
passengers without tickets during the course of his giving
the duty on the route Kota-Neernuch in the capacity of the
conductor and he was also caught in the case of the
G difference in the ticket amount. That if the bus was not
checked in time then the plaintiff would have used the
entire sum of money he recovered from the passengers
found without tickets for his personal use. Whereas as per
the terms and conditions of the Corporation the plaintiff is
H required to issue the tickets to all the passengers and then
RAJASTHAN STATE TPT CORPN. & ANR. v. 789
BAJRANG LAL [DR. S.S. CHAUHAN, J.]
to get the same entered in the waybill and that then only A
the vehicle should have been departed. The aforesaid
charges were totally wrong and baseless."
...
9. The appellant/defendant in its written statement basically
stated: B
"The Defendants have mentioned in the reply that the
plaintiff had been appointed on the post of the conductor
on the daily wage basis. The plaintiff is not entitled of
receiving the salary of the regular pay scale from the date
7 .12.85 because the plaintiff was appointed as a daily C
wageworker and the salary in accordance with the law was
given to the plaintiff.
During the course of the inquiry the plaintiff was
given full opportunity of defence and of being heard. The D
copy of the enquiry report was supplied to the plaintiff after
the completion of the inquiry and he was also intimated the
result of the inquiry. In this way no violation of the principle
of natural justice was done as against the plaintiff whereas
the provisions of section 35 of the standing orders were E
fully complied with. The Disciplinary Authority had by fully
applying its mind passed the order of termination of the
plaintiff. The plaintiff has produced the court fee at his own
risk. The Defendant Corporation comes within the
definition of the "Industry" and for which it is only the
F
Hon'ble Industrial Tribunal who has got the jurisdiction to
hear and decide the case of such nature. The plaintiff is
not entitled of receiving the monetary benefits and other
consequential benefits from the defendants. Therefore, the
suit of the plaintiff be dismissed with costs."
G
10. After appreciating the material on record, the trial court
held:
"In this way the plaintiff has clearly made the allegation in
the plaint that in the inquiry the statement of the witnesses H
790 SUPREME COURT REPORTS (2014] 3 S.C.R
A were not recorded in front of the plaintiff. He was not given
an opportunity to crossexamine the witnesses produced
by the defendant corporation and nor he was given an
opportunity to defend his case and lead the evidence. That
he was not supplied with the copies of the documents and
B was not heard on the quantum of the punishment and he
deposed the same by way of the affidavit. That in order to
contradict the same the defendants have not produced any
evidence by way of deposition and nor any other document
in support of the same has been produced. Under these
c circumstances, there is no reason to disbelieve the
evidence of the plaintiff. That since the inquiry which has
been initiated against the plaintiff is against the principle
of natural iustice. under these circumstances, the order of
termination which has been passed is also against the law.
Therefore, this suit issue is decided in favour of the plaintiff
D
and against the defendants." (Emphasis added)
11. The aforesaid findings recorded by the trial court is
based only on the allegations made by the respondent in the
plaint ;:ind on failure of the Corporation/defendant to rebut the
E same, though the trial court had proceeded with the case
clearly observing that the burden of proving this issue was on
the respondent/plaintiff and not on the Corporation/defendant.
In such a fact situation, no reasoning whatsoever has been given
by the tnal court in support of its conclusion. Neither there is
F any specific pleading as to what document had not been
supplied to him which has been relied upon by the enquiry
officer or which witness was not permitted to be crossexamined
by him. The trial court did not make any reference to enquiry
report or contents thereof. The entire case is based on ipsi dixi.
G
12. It is settled proposition of law that a party has to plead
the case and produce/adduce sufficient evidence to
substantiate his submissions made in the plaint and in case
the pleadings are not complete, the Court is under no obligation
to entertain the pleas. (Vide: Mis. Larsen & Toubro Ltd. & Ors
H
RAJASTHAN STATE TPT CORPN. & ANR. v. . 791
_BAJRANG LAL [DR. B.S. CHAUHAN, J.]
v. State of Gujarat & Ors., Al R 1998 SC 1608; National A
Building Construction Corporation v. S. Raghunathan & Ors.,
AIR 1998 SC 2779; Ram Narain Arora v. Asha Rani & Ors.,
(1999) 1 SCC 141; Smt. Chitra Kumari v. Union of India &
Ors.,-AIR 2001 SC 1237; and State of U.P. v. Chandra
Prakash Pandey, AIR 2001 SC 1298.) B
13. In Mis. Atul Castings Ltd. v. Bawa Gurvachan Singh,
AIR 2001 SC 1684, this Court observed as under:-
"The findings in the absence of necessary pleadings and
supporting evidence cannot be sustained in law." C
(See also: Vithal N. Shetti & Anr. v. Prakash N. Rudrakar &
Ors., (2003) 1 SCC 18; Devasahayam (Dead) by L.Rs. v. P.
Savithramma & Ors., (2005) 7 SCC 653; Sait Nagjee
Purushotam & Co. Ltd. v. Vimalabai Prabhulal & Ors., (2005) 0
8 SCC 252, Rajasthan Pradesh V.S. Sardarshahar & Anr. v.
Union of India & Ors., AIR 2010 SC 2221; Ritesh Tiwari & Anr.
v. State of U.P. & Ors., AIR 2010 SC 3823; and Union of India
v. Ibrahim Uddin & Anr. (2012) 8 SCC 148).
14. Therefore, once the trial court has held that the burden E
of proof was on the respondent/plaintiff, it could not have come
to the aforesaid findings as there is nothing on record to show
how the averments/allegations made by the respondent stood
proved.
F
15. Even the First Appellate Court misdirected itself while
dealing with the issue as it held:
" That no evidence was produced by the defendants/ "
appellants. The statement given by the plaintiff is
unrebutted. That as per the statement of the plaintiff the G
statement of the witnesses were not recorded in front of
the plaintiff. The plaintiff was not given an opportunity of
cross-examining the witnesses produced by the
Defendants/Appellants. The plaintiff was not given an
H
792 SUPREME COURT REPORTS [2014] 3 S.C.R.
A opportunity of leading the evidence and defending his
case. The copies of the documents were not supplied to
the plaintiff. He was also not heard on the quantum of the
punishment. In this way the deposition given by the plaintiff
are not rebutted and due to the reason of the same been
B unrebuttable it can be said that no departmental inquiry
was initiated as against the plaintiff. Due to the reason of
not holding the departmental inquiry the proceeding
initiated against the plaintiff was not in accordance with the
principle of natural justice. The order of termination which
c has been passed without holding the inquiry cannot be said
to be passed in accordance with the law. In this way the
finding arrived at by the learned subordinate court in
respect of the issue no. 1 is just and proper and there is
no need to interfere in the same."
D 16. The appellate court committed a grave error by
declaring the enquiry as non-est. The termination order as a
consequence thereof stood vitiated though there is no reference
to any material fact on the basis of which such a conclusion was
reached. The finding that copy of the documents was not
E supplied to the respondent/plaintiff, though there is nothing on
record to show that how the documents were relied upon and
how they were relevant to the controversy involved, whether
those documents had been relied upon by the enquiry officer
and how any prejudice had been caused by non-supply of those
F documents, is therefore without any basis or evidence. When
the matter reached the High Court in Second Appeal, the High
Court refused to examine the issue at all by merely observing
that no substantial question of law was involved and the findings
of fact, however erroneous, cannot be disturbed in Second
G Appeal.
17. With all respect, we do not agree with such a
conclusion reached by the High Court, as Second Appeal, in
exceptional circumstances, can be entertained on pure
questions of fact. There is no prohibition for the High Court to
H
RAJASTHAN STATE TPT CORPN. & ANR. v. 793
BAJRANG LAL [DR. B.S. CHAUHAN, J.]
entertain the Second Appeal even on question of fact where A
factual findings are found to be perverse.
18. In Ibrahim Uddin (Supra), this Court held:
"65. In Suwalal Chhogalal v. CIT, (1949) 17 ITR 269 B
(Nag) the Court held as under: (ITR p'. 277)
" ... A fact is a fact irrespective of evidence by which •
it is proved. The only time a question of law can arise in
such a case is when it is alleged that there is no material
on which the conclusion can be based or no sufficient C
material.
67. There is no prohibition to entertain a second
appeal even on question of fact provided the Court is
satisfied that the findings of the courts below were vitiated
0
by non-consideration of relevant evidence or by showing
erroneous approach to the matter and findings recorded
in the court below are perverse. [Vide Jagdish Singh v.
Natthu Singh, AIR 1992 SC 1604, Prativa Devi v. T. V.
Krishnan, (1999) 5 SCC 353, Satya Gupta v. Brijesh
Kumar, (1998) 6 SCC 423, Ragavendra Kumar v. Firm E
Prem Machinery & Co., AIR 2000 SC 534, Molar Mal v.
Kay Iron Works (P) Ltd., AIR 2000 SC 1261, Bharatha
Matha v. R. Vijaya Renganathan, (2010) 11 SCC 483
and Dinesh Kumar v. Yusuf Ali, (2010 12 SCC 740]
F
68. In Jai Singh v. Shakuntala, AIR 2002 SC 1428,
this Court held that (SCC p. 638, para 6) it is permissible
to interfere even on question of fact but it may be only in
"very exceptional cases and on extreme perversity that the
authority to examine the same in extenso stands G
permissible-it is a rarity rather than a regularity and thus
in fine it can be safely concluded that while there is no
prohibition as such, but the power to scrutiny can only be
had in very exceptional circumstances and upon proper
circumspection".
H
794 SUPREME COURT REPORTS [2014] 3 S.C.R.
A Similar view has been taken in Kashmir Singh v. Harnam
Singh, AIR 2008 SC 1749."
19. As regards the question of disproportionate
punishment is concerned, the issue is no more res-integra. In
U. P State Road Transport Corporation v. Suresh Chand
8 Sharma, (2010) 6 sec 555, it was held as under:
"22. In Municipal Committee, Bahadurgarh v. Krishnan
Behari, AIR 1996 SC 1249 this Court held as under: (SCC
p. 715, para 4)
c "4 .... In a case of such nature-indeed, in cases
involving corruption-there cannot be any other punishment
than dismissal. Any sympathy shown in such cases is
totally uncalled for and opposed to public interest. The
amount misappropriated may be small or large; it is the
D act of misappropriation that is relevant."
Similar view has been reiterated by this Court in Ruston
& Hornsby (I) Ltd. v. T.B. Kadam, AIR 1975 SC 2025, U.P.
SRTC v. Basudeo Chaudhary, (1997) 11 SCC 370,
E Janatha Bazar (South Kanara Central Coop. Wholesale
Stores Ltd.) v. Sahakari Noukarara Sangha, (2000) 7
SCC 517, Kamataka SRTC v. 8.S. Hullikatti, AIR 2001
SC 930 and Rajasthan SRTC v. Ghanshyam Sharma,
(2002) 1o sec 330."
F 20. In view of the above, the contention raised on behalf
of the respondent employee, that the punishment of removal
from service is disproportionate to the delinquency is not worth
acceptance. The only punishment in case of the proved case
of corruption is dismissal from service.
G
21. As a result, the appeal succeeds and is allowed. The
judgments of the courts below are set aside and the order of
removal from service passed by the Disciplinary Authority is
restored. No order as to costs.
H D.G. Appeal allowed.
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