Law: Service Tribunals Act, 1973

Section: 5

Service Tribunals Act, 1973 (LXX of 1973)-- ----S. 5--Removal from services--Misconduct--Embezzlement or misappropriation--Use of term “temporary misappropriation” by Tribunal--Embezzlement or misappropriation constitutes misconduct and duration of such embezzlement or misappropriation has little relevance--The Tribunal, after holding that respondent had committed embezzlement/ misappropriation, proceeded to modify punishment of “Removal from Service” to “reduction to three stages lower in pay scale for two years”--The imposition of penalty being against law would entail that it cannot be held as legally sustainable--The imposition of penalty itself is not sustainable under law, thereby, justifying interference--The purposes of assessing quantum or nature of a penalty imposed by department is to be gauged by applying test of proportionality--Proportionality is a standard that examines relationship between objective executive branch wishes to achieve, which has potential of infringing upon a human right, and means it has chosen in order to achieve that infringing objective--The act of baseness, vileness or depravity in private and social duties which man owes to his fellow man, or to society in general contrary to accepted and customary rule of right and duty between man and man--Tribunal exercising its powers under Section 5 of Act to reduce penalty imposed by department on a civil servant can only do so if said penalty is either against law or fails test of proportionality and that too supported by detailed reasons.                              [Pp. 221, 222, 223, 224 225] A, B, C, D, E, F, G, H 2022 SCMR 1154; 2020 SCMR 1029; 2020 SCMR 1418; PLD 2019 SC 563; 2021 SCMR 400; 2021 SCMR 1033; 2010 SCMR 302; 2008 SCMR 1666; 2022 SCMR 2114; 2022 SCMR 1154; 2013 SCMR 817; (2013) 10 SCC 106; (1995) 6 SCC 749; 2008 PLC (CS) 1188; 2008 PLC (CS) 428; 2022 SCMR 327; 2007 PLC (CS) 247; 2008 PLC (CS) 1161; PLD 2019 SC 189; 2022 SCMR 1154; 2021 PLC (CS) 47; 2011 PLC (CS) 808; 2009 SCMR 281; 2008 SCMR 214; 2020 SCMR 1418; (2008) 5 SCC 569; (1995) 6 SCC 749; (2020) 9 SCC 471; 2021 SCMR 345; 2021 PLC…

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