Law: Punjab Subordinate Judiciary Service Tribunal Act (XII of 1991)

Section: 5

Punjab Subordinate Judiciary Service Tribunal Act (XII of 1991)---

----S. 5---Judicial officer---Service appeal---Allegation of corruption and ill-repute---Recording of adverse remarks---Penalty of removal from service---Long service---Mitigating circumstances---Quantum of punishment---Principle of proportionality---Conversion of penalty---P.W. 4 during his examination-in-chief stated that appellant did not receive even a penny and during his cross-examination he denied his signature on the complaint and disowned its contents---P.W.5 during his cross-examination stated that he had not personally paid any illegal gratification to the appellant and could not identify the official, who allegedly demanded the illegal gratification---Charge of receiving illegal gratification had not been proved against the appellant, however, allegations of corruption and ill-repute remained on record---Owing to mitigating circumstances and analyzing different factors the penalty of removal from service was converted into compulsory retirement---Courts have consistently emphasized the importance of considering the employee's length of service, the nature of the offence and the context surrounding the misconduct---A fair and just approach to disciplinary actions is essential in maintaining morale and ensuring that penalties are proportionate to the offences committed---Penalty of removal from service was not proportionate to the gravity of the misconduct proved against the appellant, thus, the same was converted into compulsory retirement---Appeal was partly allowed, in circumstances.