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2008 (5) TMI 601 - SC - Indian LawsRemoval of respondent from service commensurate with the gravity of the proven misconduct Whether the competent authority was justified in removing the respondent from service? Whether the Division Bench of the High Court was right in remitting the matter to the Appellate Authority for passing appropriate order of punishment short of removal? Held that:- Appeal allowed. The High Court in this case, has not only interfered with the punishment imposed by the disciplinary authority in a routine manner but overstepped its jurisdiction by directing the Appellate Authority to impose any other punishment short of removal. By fettering the discretion of the Appellate Authority to impose appropriate punishment for serious misconducts committed by the respondent, the High Court totally misdirected itself while exercising jurisdiction under Article 226. The order passed by the competent authority removing the respondent from service is restored.
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