STATE OF MEGHALAYA & ORS.versusMECKEN SINGH N.MARAK

                       [2008] 8 S.C.R. 89


              STATE OF MEGHALAYA & ORS.                           A
                               v.
                MECKEN SINGH N.MARAK
              (Civil Appeal No. 3471 Of 2008)
                         MAY 9, 2008
                                                                  B
       [ALTAMAS KABIR AND J.M. PANCHAL,JJ.]

      Service Law ... Punishment - Interference with - Scope of
- Misconduct by police officer .... Instructions flouted and loss
caused to exchequer as also loss of service revolver with am- c
munition - Removal from service by Competent Authority -
 Upheld by Single Judge of High Court - However, Division
Bench set aside order of removal and remitted the matter to
appellate authority, to impose punishment short of removal -
Held: Not justified - Jurisdiction of High Court to interfere with
                                                                   0
quantum of punishment is limited - Punishment by Authorities
unless shocking to conscience of court, cannot be subject to
;udicial review - High Court did not gi~e reasons as to why pun-
ishment was disproportionate - It not only interfered with the
punishment in a casual manner but overstepped its jurisdic- E
tion - Thus, order as also direction by High Court set aside -
Order of removal from service by competent authority upheld.
     Respondent-Sub Inspector of Police was instructed
by his Commandant to go to Shillong to disburse the pay
in a vehicle belonging to the department. Another police F
officer was also deputed for safe carriage of pay to be
disbursed. Respondent was issued 0.38 bore revolver
with 12 rounds of ammunition. Respondent disobeyed the
instructions and conducted himself in such a manner that
he caused loss of part of pay to be deposited with the G
exchequer and loss of service revolver with ammunition.
Case was registered against the respondent. Departmen-
tal Enquiry was conducted. The Competent Authority re-
moved the respondent from service. Appellate Authority
upheld the order. The Single Judge of High Court upheld H
                            89
   90        SUPREME COURT REPORTS                [2008] 8 S.C.R.


A the order. In appeal, the Division Bench of the High Court
  set aside the order of removal of the respondent from ser-
  vice and remitted the matter to the appellate authority-In-
  spector General of Police to consider the question of im-
  position of appropriate punishment, short of removal from
B service, commensurate with the gravity of the proven mis-
  conduct of the respondent. Hence the present appeal.
        Allowing the appeal, the Court                              •
        HELD: 1. The competent authority as well as the first
c appellate authority concluded that grave misconduct com-
  mitted by the respondent is satisfactorily proved. The said
  finding was upheld by the Single Judge of the High Court.
  On re-appreciation of evidence adduced, during the course
  of the departmental inquiry initiated against the respondent,
  the Division Bench of High Court also recorded a finding of
D
  fact that the respondent had committed serious misconduct.
  The said finding is a finding of fact which is not liable to be
  interfered with in the instant appeal. (Para 8) [96-C,D]
        1.2. A court or a tribunal while dealing with the quan-
E tum of punishment has to record reasons as to why it is
  felt that the punishment is not commensurate with the
  proved charges. In the matter of imposition of sentence,
  the scope for interference is very limited and restricted to
  exceptional cases. The jurisdiction of High Court, to in-
f terfere  with the quantum of punishment is limited and
  cannot be exercised without sufficient reasons. The High
                                                                    ~




  Court, although has jurisdiction in appropriate case, to
  consider the question in regard to the quantum of pun-
  ishment, but it has a limited role to play. The High Courts,
  in exercise of powers under Article 226 does not interfere
G
  with the quantum of punishment unless there exist suffi-
  cient reasons therefor. The punishment imposed by the
  disciplinary authority or the Appellate Authority unless
                                                                    ..
  shocking to the conscience of the court, cannot be sub-
  jected to judicial review; (Para 9) [97-8,C,D,E]
H
             STATE OF .MEGHALAYA & ORS. v.              91
                MECKEN SINGH N.MARAK

      1.3 In the impugned order of the High Court no rea- A
sons whatsoever were indicated as to why the punish-
ment was considered disproportionate. Failure to give
reasons amounts to denial of justice. The. mere statement
that it is disproportionate would not suffice. While consid-
ering the question of proportionality of sentence imposed s
on a delinquent at the conclusion of departmental inquiry,
the court should also take into consid~ration,, the mental
set up of the delinquent, the type of duty to be performed
by him and similar relevant circumstances which go into
the decision making process. If the charged employee c
holds the position of trust where honesty and integrity are
in-built requirements of functioning, it would not be proper
to deal with the matter leniently. Misconduct, in such cases
has to be dealt with iron hands. The respondent belonged
to a disciplined force. He was supposed to carry out in-
                                                              0
structions given to him by his superior. Not only he flouted
the instructions tiut conducted himself in such a mannar
that he caused loss of part of pay to be deposited with the
exchequer and loss of service revolver with ammunition
which could be misused. (Para 9) (97-E-H, 98-A]
                                                              E
      1.4. When a statute gives -discretion to the adminis-
trator to take a decision, the scope of judicial review would
remain limited. The proved charges clearly established
that the respondent, who was a police officer failed to dis-
charge his duties with utmost integrity, honesty, devotion F
and diligence and his acts were prejudicial to the ex-che-
quer and society. Even in cases where the punishment
imposed by the disciplinary authority is found to be
shocking to the conscience of the court, normally the dis-
ciplinary authority or the Appellate Authority should be G
directed to reconsider the question of imposition of pen-
alty. The High Court not only interfered with the punish-
ment imposed by the disciplinary authority in a routine
and casual manner but overstepped its jurisdiction by
directing the Appellate Authority to impose any other pun- H
          92       SUPREME COURT REPORTS                   [2008) 8 S. C.R.


     A ishment short of removal. By fettering the discretion of
       the Appellate Authority to impose appropriate punishment
       for serious misconducts committed by the respondent,
       High Court totally misdirected itself while exercising ju-
       risdiction under Article 226. Thus, the conclusion of the
     B Division Bench of the High Court cannot be regarded as
       proper at all. The judgment rendered by the Division
       Bench of High Court setting aside the order removing the
       respondent from service is quashed and that of the com-
       petent authority removing him from service is restored.
     c.The direction given by the Division Bench to the appel-
       late authority-Inspector General of Police to consider and
       inflict punishment, short of removal from service is set
       aside. (Paras 9 and 10) [98-A-G]
            CIVILAPPELLATE JURISD!CTION: Civil Appeal No. 3471
     D of 2008
              From the final Judgment and Order dated 7 .3.2006 of the
          Gauhati High Court in Writ Appeal No. 282 of 2002
               Ranjan Mukherjee and R.C. Ghosh for the Appellants.
     E          Parthis Goswami, Rajiv Mehta and Biswanath Aggarwal
          for the Respondents.
               The Judgment of the Court was delivered by
               J.M. PANCHAL, J. 1. Leave granted.
     F
               2. The instant appeal is directed against the Judgment dated
       March 7, 2006, rendered by the Division Bench of the Gauhati
~.
       High Court in Writ Appeal No.282 of 2002 whereby the decision of
       the learned Single Judge dated October 5, 2002 passed in Civil
     G Rule No.4048 of 1996, upholding the order of the Competent Au-
       thority, removing the respondent from service, is set aside and the
       matter is remanded to the appellate authority, namely, the Inspec-
       tor General of Police to consider and inflict appropriate punish-
       ment, short of removal from service, commensurate with the grav-
     H ity of the proven misconduct.
             STATE OF MEGHALAYA & ORS. v.                           93
         MECKEN SINGH N.MARAK [J.M. PANCHAL, J.]

       3. The relevant facts emerging from the record of the case         A
are as under. In the year 1967 the respondent was appointed as
police constable by the Home Department, Government of
Meghalaya. During the course of time he was promoted to the
post of Sub-Inspector of police and posted as Armed Branch Sub-
Inspector, 2"d Meghalaya Police Battalion at Goeragre. On May 5,          B
1995 he was directed to go to Shillong along with s:-JC Clyforth
Sang ma to disburse the pay for the month of April 1995 to the Bn
personnel posted at Shillong. One 0.38 bore revolver bearing
Number 787735 and 12 rounds of 0.38 ammunition were also is-
sued to him for the purpose. He was specifically instructed to pro-       c
ceed to Shillong in a vehicle belonging to the department with other
police personnel who were going to Shillong on platoon transfer with
their arms and ammunition. The respondent was further instructed
to come back to Goeragre from Shillong in the same vehicle after
the disbursement of pay etc. with other personnel who were to come        D
back to Goeragre with their arms and ammunition. The respondent,
in the company of Clyforth Sangma l8ft Bn Headquarters in the
morning of May 5, 1995 by Unit's vehicle No.ML-02 1038 at about
8.30 AM and arrived at Shillong at about 8.00 PM. On arrival at
Shillong, the respondent began to disburse the pay. He also spent
the whole next day in disbursing the rest of the pay. An amount of        E
Rs.17 ,314/- could not be disbursed by him and he was supposed to
deposit the same with the competent authority at the Headquarters.
The respondent permitted Clyforth Sangma to visit his wife who was
not feeling well and, therefore, in the morning of May 7, 1995 Clyforth
Sang ma left for his village Rajasimla and returned back to Bn Head-      F
quarters on May 9, 1995.
      4. The respondent disobeyed the instructions given to him to
come back to Bn Headquarters in the vehicle in which he had gone
to Shillong. Instead he met and instructed BNC 737 Emmanual G
Jalong to prepare to leave for Bn Headquarters by night bus. On
May 7, 1995 in the evening at about 4.30 p.m. he left the camp for
the M.T.C. Bus Station. At the bus station he did not see the con-
stables who were supposed to travel with him. Presuming that they
must have proceeded in another bus, the respondent boarded the H
MTC bus No.ML-03-0099 bound for Tura. He was seated in Seat
    94        SUPREME COURT REPORTS                    (2008] 8 S.C.R.


A No.22. There was a passenger in the seat next to him on Seat            .,.
   No.21. At Jorabat the bus stopped where the respondent took din-
  .ner. After the bus resumed its onward journey for Tura, his co-pas-
   senger in Seat No.21 started chatting with him. The co-passenger
   took out a packet of biscuit and offered biscuits to the respondent.
B The respondent accepted the biscuits and after eating the biscuit
   he dosed off. When he woke up, the bus had reached somewhere
   near Anogri. He made enquiry about his belongings and found that
   his revolver with ammunition and pouch containing an amount of
  .Rs.17,314/-, which was undisbursed pay were missing. He also
c  realized that his co-passenger in seat No.21 was not around.
         5. When he reached Goeragre he looked for his belong-
  ings again but could not find them. He then left for his residence.
  After sleeping for some time he woke up and went to Tura with
  the intention of searching the bus once again. He met the Depot
D 1Manager who informed that the bus had left for Nanggalbibra
  and would return only in the evening. Ther~fore, he came back to              ~.
  his residence and went to the Commandant's office at 10.00 P.M.
  to inform him about the loss of his revolver and money. When he
  reached the office of the Commandant, too many people were
E present in the office and, therefore, he could inform the Com-
  mandant about the incident in question at about 12.00 P.M.
         6. On receipt of the information from the appellant, Respon-
  dent No.3 who is the Commandant of the Battalion forwarded his
  report on May 8, 1995 to Tura Police Station for registering a
F case and accordingly a case was registered at Tura Police Sta-
  tion under the provisions of the Indian Penal Code. On May 12,
  1995, the respondent was suspended from service pending en-
  8uiry for loss of Rs.17,314/- and service revolver with ammuni-
  tion. A preliminary enquiry was held with regard to the matter and
G thereafter the competent authority decided to take steps to ini-
  tiate a regular departmental enquiry against the respondent. Ac-
  cordingly, the respondent was served with statement of charges
  and called upon to offer his explanation. He offered his explana-
  tion which was not found to be satisfactory by the competent au-
H thority. The competent authority thereafter appointed Inquiry Of-
             STATE OF MEGHALAYA & ORS. v.                         95
         MECKEN SINGH N.MARAK [J.M. PANCHAL, J.]

ficer to conduct departmental inquiry against the appellant.            A
       7. During the course of departmental enquiry several wit-
 nesses were examined in respect of the charges leveled against
 the respondent. The respondent had also examined his wit-
 nesses. At the conclusion of the departmental enquiry the en-
 quiry officer submitted report to the competent authority stating      B
 that the charges framed against- the respondent were duly
 proved. On careful consideration of the report as well as records,
 the competeryt authority tentatively agreed wit.h the findings of
 the enquiry officer. The competent authority forwarded a copy
 of the report of ttie enquiry officer to t.he respondent along with    C
 letter dated September 18, 1995, and called upon him to show
 cause as to why he should not be discharged from serviced.
 On receipt of the show ca us~ notice, the respondent submitted
 his explanation. The competent authority by an order dated Janu-
 ary 1, 1996, removed the respondent from service. Feeling              D
 aggrieved, the respondent preferred an appeal before the
 Deputy Inspector General of Police, Western Range, Tura as
 provided by Rule 66 of the Assam Police Manual- Part Ill. The
 Inspector General of Police (Training) dismissed the appeal by
 an order dated May 13, 1996. Thereupon the respondent in-              E
 voked extra ordinary jurisdiction of the High court under Article
 226 of the Constitution by filing Civil Rule No.4048 of 1996.
 The learned· Single Judge of the Gauhati High Court dismissed
  the petition by order dated October 5, 2002. Aggrieved by the
 judgment delivered by the learned Single Judge, the respon-            F
 dent preferred an appeal before the Division Bench of the
 Gauhati High Court. The Division Bench upheld the finding re-
 corded by the learned Single Judge that misconduct by the re-
 spondent was satisfactorily proved. However, .J
                                                   the Division Bench
 was of the view that the version of the respondent that he had to      G
  travel by Meghalaya State Road Transport Corporation night
·bus and lost his consciousness after taking sweets offered by
  co-passenger was a mitigating circumstance and, therefore,
  the punishment of removal from service imposed on him was
  not commensurate with the gravity of the proven misconduct. In
                                                                        H
    96        SUPREME COURT REPORTS                    [2008] 8 S. C.R.


A view of the said conclusion the Division Bench has set aside
  tl':le order removing the respondent from service and remitted
  the matter to the appellate authority, namely, the Inspector Gen-
  eral of Police to consider and inflict appropri;:ite punishment,
  short of removal from service, commensurate with the gravity of
B the proven misconduct of the respondent, by the impugned judg-
  ment, giving rise to the instant appeal.
         8. This Court has heard the learned counsel for the parties at
                                                                          ..
  length and in great detail. This Court has also considered the docu-
  ments forming part of the instant appeal. The competent authority
C as well as the first appellate authority have concluded that grave
  misconduct committed by the respondent is satisfactorily proved.
  The said finding is upheld by the learned Single Judge of the Gauhati
  High Court while deciding the petition filed by the respondent un-
  der Article 226 of the Constitution. On re-appreciation of evidence
D adduced, during the course of the departmental inquiry initiated
  against the respo'1dent, the Division Bench has also recorde>':l a
  finding of fact that the respondent had committed serious miscon-
  duct. The said finding is a finding of fact which is not liable to be
  interfered with in the instant appeal.
E        9. The next question which falls for consideration is whether
   the competent authority was justified in removing the respon-
   dent from service and whether the Division Bench of the High
  ·Court was right in remitting the matter to the Appellate Authority
   for passing appropriate order of punishment short of removal.
F The record would indicate that the respondent was a senior
   police officer. He was instructed by his Commandant to go to
   Shillong to disburse the pay in a vehicle belonging to the de-
   partment and along with him another police officer was also
   deputed for safe carriage of pay to be disbursed to the Bn per-
G sonal posted at Shillong. Further, the respondent was issued
   0.38 bore revolver with 12 rounds. It is an admitted position
   that the respondent was instructed to come back to Bn head-
   quarters by the vehicle of the department along with other police
   personnel but the respondent disobeyed the instructions and trav-
H eled to Bn headquarters in a bus wherein not only he lost cash of
             STATE OF MEGHALAYA & ORS. v.                            97
         MECKEN SINGH N.MARAK [J.M. PANCHAL, J.]

Rs.17,314/- but also his service revolverwith 12 rounds of ammu-            A
nition. Under the circumstances the question arises whether the
Division Bench of the High Court was justified in setting aside the
order of removal of the respondent from service and remitting the
matter to the appellate authority, namely, the Inspector General of
Police to consider the question of imposition of appropriate pun-           B
ishment, short of removal from service, commensurate with the
gravity of the proven misconduct of the respondent. A court or a
tribunal while dealing with the quantum of punishment has to record
reasons as to why it is felt that the punishment is not commensu-
rate with the proved charges. In the matter of imposition of sen-           c
tence, the scope for interference is very limited and restricted to
exceptional cases. The jurisdiction of High Court, to interfere with
the quantum of punishment is limited and cannot be exercised with-
out sufficient reasons. The High Court, although has jurisdiction in
appropriate case, to consider the question in regard to the quan-
tum of punishment, but it has a limited role to play. It is now well        D
settled that the High Courts, in e:xercise of powers under Article
226, do not interfere with the quantum of punishment unless there
exist sufficient reasons therefor. The punishment imposed by the
disciplinary authority or the Appellate Authority unless shocking to
the conscience of the court, cannot be subjected to judicial review.        E
In the impugned order of the High Court no reasons whatsoever
have been indicated as to why the punishment was considered
disproportionate. Failure to give reasons amounts to denial of
justice. The mere statement that it is disproportionate would not
suffice. While considering the question of proportionality of sen-          F
tence imposed on a delinquent at the conclusion of departmental
inquiry, the court should also take into consideration, the mental
set up of the delinquent, the type of duty to be performed by him
and similar relevant circumstances which go into the decision
making process. If the charged employee holds the position of               G
trust where honesty and integrity are in-built requirements of func-
tioning, it would not be proper to deal with the matter leniently. Mis-
 conduct, in such cases has to be dealt with iron hands. The re-
 spondent belonged to a disciplined force. He was supposed to
 carry out instructions given to him by his superior. Not only he flouted   H
    98        SUPREME COURT REPORTS                     [2008] 8 S.C.R.


A the instructions but conducted himself in such a manner that he
   caused loss of part of pay to be deposited with the exchequer and
   loss of seNice revolver with ammunition which could be misused.
  When a statute gives discretion to the administrator to take a deci-
  sion, the scope of judicial review would remain limited. The proved
B charges clearly established that the respondent, who was a police
  officer failed to discharge his duties with utmost integrity, honesty,
  devotion and diligence and his acts were prejudicial to the exche-
  quer and society. Even in cases where the punishment imposed
  by the disciplinary authority is found to be shocking to the con-
e science of the court, normally the disciplinary authority or the Ap-
  pellate Authority should be directed to reconsider the question of
  imposition of penalty. The High Court in this case, has not only
  interfered with the punishment imposed by the disciplinary author-
  ity in a routine manner but overstepped its jurisdiction by directing
  the Appellate Authority to impose any other punishment short of
0
  removal. By fettering the discretion of the Appellate Authority to
  impose appropriate punishment for serious misconducts commit-
  ted by the respondent, the High Court totally misdirected itself while
  exercising jurisdiction under Article 226. Judged in this background,
  the conclusion of the Division Bench of the High Court cannot be
E regarded as proper at all. The High Court has interfered with the
  punishment imposed by the competent authority in a casual man-
  ner and, therefore, the appeal will have to be accepted.
         10. For the foregoing reasons the appeal succeeds. The
 F Judgment rendered by the Division Bench of the Gauhati High
   Court dated March 7, 2006 delivered in Writ appeal No.282 of
   2006 setting aside the order removing the respondent from ser-
   vice is quashed. The direction given by the Division Bench to the
   appellate authority, namely, the Inspector General of Police to
'G consider and inflict punishment, short of removal from seNice,
   commensurate with the gravity of the proven misconduct of the
   respondent is set aside. The order passed by the competent
   authority removing the respondent from seNice is restored. The
   appeal is accordingly allowed. There shall be no order as to costs.
H N.J.                                               Appeal allowed


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