it2025_00342 — Penalty, not commensurate with the charges levelled in the chargesheet, is liable to be sent back to the disciplinary authorities for reconsideration. Penalties such as dismissal, removal and compulsory retirement is to be resorted to only if charges are very severe based on facts and not by mere presumption of severe gravity of charges

Penalty, not commensurate with the charges levelled in the chargesheet, is liable to be sent back to the disciplinary authorities for reconsideration. Penalties such as dismissal, removal and compulsory retirement is to be resorted to only if charges are very severe based on facts and not by mere presumption of severe gravity of charges — This chunk discusses the penalty imposed on an Applicant found in possession of excess cash, which was deemed disproportionate to the charges levelled against him by the Disciplinary Authority. It ar... — Facts : The case involves charges of corruption by a Deputy Chief Ticket Inspector as he was possessing extra cash which it is stated is due to corruption. It is not necessary to further elaborate on this. The Applicant was charge-sheeted and based on enquiry, the Competent Authority removed him from service which was reduced to compulsory retirement by the Appellate Authority and retained as such by the reviewing authority. Against the punishment orders, this OA is filed to set them aside. Both sides adhered to their position. It is a usual disciplinary case. It is enough if important points are brought out in this case. In this case of illegal gratification, no police complaint is lodged. There is no complaint against the Applicant for accepting illegal gratification. The Disciplinary Authority had convinced that the Applicant was in possession of excess cash to the extent of ₹ 387. Under these circumstances, it was held: