Law: Government Servants (Efficiency and Discipline) Rules, 1973

Section: 4(1)(b(iv)

Law: Service Tribunals Act, 1973

Section: 5(1)

(a) Government Servants (Efficiency and Discipline) Rules, 1973--- ----R. 4(1)(b)(iv)---Allegation of physical assault, using verbal abuse and threatening a colleague---Penalty of Dismissal from service converted into withholding of increment for a period of five years by the Federal Service Tribunal---Legality---Respondent had physically assaulted and tortured a female worker, which fact was substantiated not only by the eye-witness account but also corroborated by the Medico Legal Report of the victim---Such violence was perpetrated within the school premises which violated the sanctity of an educational institution, and constituted an act of gross misconduct---Internal inquiry Committee, consisting of three independent senior officers, found the respondent guilty of all charges---No bias, partiality or mala fides was alleged against the Inquiry Committee---Respondent was given fair opportunity to defend himself which he failed to do---Tribunal had itself recorded findings to the effect that the respondent had committed misconduct but that the penalty imposed upon him was too harsh and did not commensurate with the charge---In the face of proof of charges against the respondent, it was not understandable how the penalty of dismissal from service imposed by the department was too harsh or did not commensurate with the offence alleged---Further, the of the Tribunal was devoid of any reason let alone cogent---Petition for leave to appeal was converted into appeal and allowed, of Service Tribunal was set-aside and the penalty of dismissal from service imposed by the department was restored and affirmed. (b) Service Tribunals Act (LXX of 1973)--- ----S. 5(1)---Service Tribunal, powers of---Structured exercise of jurisdiction---Scope---Where the Tribunal exercised jurisdiction under S. 5 of the Service Tribunals Act, 1973, legally sustainable reasons must be recorded---Merely and casually making an observation that the penalty imposed (by the department/forum below) was not commensurate with the gravity of the offence was not enough and constituted arbitrary capricious and unstructured exercise of jurisdiction---Order must show that the Tribunal had applied its…

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