TMI Blog2008 (2) TMI 898X X X X Extracts X X X X X X X X Extracts X X X X ..... e was reduced to a fine of ₹ 500/- only. A revision thereagainst was filed by the respondent herein before the High Court. 2. A show cause notice was issued to the respondent as to why disciplinary action shall not be taken against him in view of the judgment of conviction passed against him in the said criminal case. By an order dated 25th November, 1993 his services were terminated by the Deputy Director, Vidisha. An appeal thereagainst was preferred by the respondent in terms of Madhya Pradesh State Services Act. However, no order was passed therein. A revision was filed by him before the Deputy Director, Public Education. During the pendency of the said revision application, his criminal revision petition filed before the High ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... le to appreciate the attitude on the part of the appellant herein which ex-facie appears to be wholly unreasonable. Respondent had not committed any misconduct within the meaning of the provisions of the Service Rules. He was involved in a matter for causing simple injury to another person. He was not even sent to prison. Only a sum of ₹ 500/- was imposed upon him as fine. 6. Rule 19 of M.P. Civil Services (Classification, Control and Appeal) Rules, 1966, which provides for special procedure in certain cases, to which reliance has been placed by the appellants does not appear to be applicable in the instant case. The said Rule reads thus :- 19. Special procedure in certain cases. Notwithstanding anything contained in Rule 14 t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ercising such power, the disciplinary authority must act reasonably and fairly. Respondent occupied the lowest rank of the cadre. He was merely a contingency peon. Continuation of his service in the department would not bring a bad name to the State. He was not convicted for any act involving moral turpitude. He was not punished for any heinous offence. 9. The Tribunal, in our opinion, rightly placed reliance upon the decision of this Court in Shankar Das vs. Union of India : (1985) 2 SCC 358 wherein this Court commended the judgment of a Magistrate of Delhi as he had let off the appellant therein under Section 12 of the Probation of Offenders Act stating :- Misfortune dogged the accused for about a year\005.and it seems that it was ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he ground of conduct which has led to his conviction on a criminal charge. But the right to impose a penalty carries with it the duty to act justly. Considering the facts of this case, there can be no two opinions that the penalty of dismissal from service imposed upon the appellant is whimsical. 11. We express similar dis-satisfaction in this case. 12. Furthermore the legal parameters of judicial review has undergone a change. Wednesbury principle of unreasonableness has been replaced by the doctrine of proportionality. [See : Indian Airlines Ltd. vs. Prabha D. Kumari : (2006) 11 SCC 67 ; State of U.P. vs. Sheo Shanker Lal Srivastava : (2006) 3 SCC 276 and M.P. Gangadharan and another vs. State of Kerala and others : AIR 2006 SC 236 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... would mention three concrete differences without suggesting that my statement is exhaustive. First, the doctrine of proportionality may require the reviewing court to assess the balance which the decision maker has struck, not merely whether it is within the range of rational or reasonable decisions. Secondly, the proportionality test may go further than the traditional grounds of review inasmuch as it may require attention to be directed to the relative weight accorded to interests and considerations. Thirdly, even the heightened scrutiny test developed in R v Ministry of Defence, Ex p Smith [1996] QB 517, 554 is not necessarily appropriate to the protection of human rights. 15. Applying the said principle also, in our opinion, no int ..... X X X X Extracts X X X X X X X X Extracts X X X X
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