Law:

Section:

(a) Punjab Service Tribunals Act (IX of 1974)-------S. 4---Quantum of penalty, reducing of---Contumacious insubordination and indiscipline---Civil servant did not comply with the orders of his transfer, despite rejection of his appeal by appellate authority---Civil servant remained absent from his duty and also misused Government residence---Authorities imposed major penalty of reduction to lower rank---Service Tribunal converted the penalty of reduction to lower rank into censure on the ground that during pendency of appeal/ representation before appellate authority non-compliance of transfer order was not disobedience by civil servant---Validity---Representation against the order of transfer was rejected which was conveyed to the civil servant in writing, wherein he was directed to hand over the charge and official residence but he did not comply with the order---Contumacious insubordination and indiscipline on the part of civil servant having been established, he was disentitled to any indulgence in the matter of quantum of penalty---Supreme Court did not agree with the Service Tribunal because merely by, filing an appeal/representation against order of transfer, civil servant could not stay at a place of his choice unless operation of the transfer order was stayed, which was not the position in the case---Such view of the Service Tribunal, if affirmed, would give licence to every civil servant to file a representation against order of transfer and to stay at a place from which he did not want to move; as such the same would create administrative chaos---Supreme Court did not find any valid reason for reduction of penalty by Service Tribunal and discretion was exercised by the Service Tribunal on irrelevant consideration in an arbitrary manner, which the law did not countenance and the same required correction---Petition for leave to appeal was converted into appeal and passed by Service Tribunal was set aside---Appeal was allowed. (b) Civil service--- ----Penalty---Imposing proportionate penalty---Principles---Penalty should be proportionate to guilt, which depends on the facts and circumstances of a given case such as the nature of duties, the level of…

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