Coming to the first two submissions of the learned Counsel for the Appellant, we are of the view that High Court, in exercise of its writ jurisdiction, has power to interfere with the quantum of punishment imposed by the appointing authority in an appropriate case provided the High Court has taken into consideration the totality of the facts and circumstances of the case such as nature of charges leveled against the employee, its gravity, seriousness, whether proved and, if so, to what extent, entire service record, work done in the past, remaining tenure of the delinquent left etc. In other words, it is necessary for the High Court to take these factors into consideration before interfering in the quantum of the punishment.
IN THE SUPREME COURT OF INDIA
Civil Appeal No. 1549 of 2016 (Arising out of SLP (C) No. 5186 of 2016) (Arising out of SLP (c)... CC 2113/2016)
Decided On: 17.02.2016
Appellants: Commissioner of Police and Ors.
Vs.
Respondent: Sat Narayan Kaushik
Hon'ble Judges/Coram:Jasti Chelameswar and Abhay Manohar Sapre, JJ.
Citation:(2016) 6 SCC303
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