Law:

Section:

(a) Punjab Subordinate Judiciary Service Tribunal Act (XII of 1991)--- ----S. 5---Judicial officer---Unauthorized shifting of telephone---Misconduct---Quantum of punishment---Show-cause notice, issuance of---Dispensing with regular inquiry---Minor penalty of stoppage of three annual increments was imposed on the appellant---Mala fide---Proportionality of sentence, doctrine of---Show-cause notice was issued to the appellant by dispensing with regular inquiry and he was imposed minor penalty of stoppage of three annual increments for unauthorized shifting of telephone---Validity---Departmental authorities had choice in law to determine quantum of punishment in the light of nature of misconduct---Penalty should be commensurate with the magnitude of misconduct committed by the civil servant---Unauthorized shifting of telephone from one place to another was not a penal offence---Penalty in such like case was only disconnection of unauthorized shifted telephone---Shifting of telephone was a trivial infraction of rules---Purpose of deterrent punishment was not only to maintain balance with the gravity of wrong done but also to make an example for others as a preventive measure for reformation of society---Concept of minor punishment was to make an attempt to reform the individual wrong-doer---No allegation was on record with regard to mala fide, ill-will or ulterior motive for shifting of telephone---Nothing was on record that appellant had taken benefit from a private person by shifting of telephone---Unauthorized shifting of telephone might be construed as negligence and that too of a small nature which did not breach the discipline of service---Said negligence although did deserve minor punishment but not stoppage of three increments---Mercy in the Islamic Jurisprudence was a rule where the wrong was trivial---Doctrine of proportionality of sentence had been recognized in law even in modern jurisprudence---Punishment of stoppage of three increments did not commensurate with the gravity of charge in the present case which was converted into censure---Appeal was partly allowed in circumstances. (b) Civil service--- ----Misconduct---Departmental authorities had choice…

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