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2023 (3) TMI 1396 - BOMBAY HIGH COURTPunishment of reduction of pay by 3 stages in the time scale - HELD THAT:- This Court in exercise of writ jurisdiction under Article 226 would not sit in appeal over the decision taken by the respondents; however, would be more concerned with the decision making process. In the present case, the principles of natural justice have been adhered to.No grievance has been made in respect of the same. The defence has been appreciated and re-appreciated by the Appellate Authority and the Tribunal - there are no perversity in the appreciation of the defence in that regard. The Appellate Authority came to the conclusion that the charges I and IV are not proved and they are required to be dropped. However, from operative part of the order, it appears that the Appellate Authoritydropped charges in Article I while modifying the order of the Disciplinary Authority and imposing the penalty. In fact, the Appellate Authority was required to consider dropping of charges in Articles I and IV both. The matter is remitted back to the Appellate Authority for deciding the appeal afresh with regard to the quantum of punishment - Appellate Authority shall consider that the charges framed in Articles I and IV have been dropped against the petitioner as not proved and only charges in Articles II and III are to be considered for punishment and thereafter impose punishment accordingly - Petition disposed off.
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