it2025_00340 — Punishment of removal from service , in this case a Railway servant, for demanding a meagre amount of ₹ 18 to ₹ 45 for issuing fit certificate especially when he had served for 23 years in the department, and without any evidence of this being a wider practice / habit on the part of the delinquent shocks the conscience of the Court. As the Appellant is now 75 years old, the Apex Court held that the imposition of compulsory retirement would be appropriate and meets the ends of justi

IT Rules

Punishment of removal from service , in this case a Railway servant, for demanding a meagre amount of ₹ 18 to ₹ 45 for issuing fit certificate especially when he had served for 23 years in the department, and without any evidence of this being a wider practice / habit on the part of the delinquent shocks the conscience of the Court. As the Appellant is now 75 years old, the Apex Court held that the imposition of compulsory retirement would be appropriate and meets the ends of justice — The chunk is discussing the decision made by the Apex Court in the case Ishwar Chandra Jayaswal v. Union of India and others, where it was held that although two out of three charges against the appe... — Facts: The High Court allowed the punishment of removal issued by the Disciplinary Authority from service of the Applicant herein who is 75 years old now, for demanding and accepting a meagre amount of ₹ 18 to 45 in three cases for issuing fit certificate. He had served 23 years at the time of his removal . There was no evidence in his career to state that this was a wider practice / habit on the part of the delinquent. The Apex Court took notice of the case Union of India v. S.S. Ahluwalia, [ 2007 (2) SCC (L&S) 627 ], wherein it was said that "if the conscience of the Court is shocked as to the severity or inappropriateness of the punishment, it can remand the matter back for fresh consideration to the Disciplinary Authority concerned for fresh consideration. In that case, cut of 10% from the pension for a period of one year was severe and ordered to set aside the punishment."

IT Rules

Punishment of removal from service , in this case a Railway servant, for demanding a meagre amount of ₹ 18 to ₹ 45 for issuing fit certificate especially when he had served for 23 years in the department, and without any evidence of this being a wider practice / habit on the part of the delinquent shocks the conscience of the Court. As the Appellant is now 75 years old, the Apex Court held that the imposition of compulsory retirement would be appropriate and meets the ends of justice — The chunk is discussing the decision made by the Apex Court in the case Ishwar Chandra Jayaswal v. Union of India and others, where it was held that although two out of three charges against the appe... — Facts: The High Court allowed the punishment of removal issued by the Disciplinary Authority from service of the Applicant herein who is 75 years old now, for demanding and accepting a meagre amount of ₹ 18 to 45 in three cases for issuing fit certificate. He had served 23 years at the time of his removal . There was no evidence in his career to state that this was a wider practice / habit on the part of the delinquent. The Apex Court took notice of the case Union of India v. S.S. Ahluwalia, [ 2007 (2) SCC (L&S) 627 ], wherein it was said that "if the conscience of the Court is shocked as to the severity or inappropriateness of the punishment, it can remand the matter back for fresh consideration to the Disciplinary Authority concerned for fresh consideration. In that case, cut of 10% from the pension for a period of one year was severe and ordered to set aside the punishment."

Original Rule Text

Original Rule Text