Case: State Of Meghalaya  Vs. Mecken Sing N. Marak

has set aside the order removing the respondent from service and remitted the matter to the appellate authority, namely, the Inspector General of Police to consider and inflict appropriate punishment, short of removal from service, commensurate with the gravity of the proven misconduct of the respondent, by the impugned judgment, giving rise to the instant appeal. 8. This Court has heard the learned counsel for the parties at length and in great detail. This Court has also considered the documents forming part of the instant appeal. The competent authority as well as the first appellate authority have concluded that gave misconduct committed by the respondent is satisfactorily proved. The said finding is upheld by the learned Single Judge of the Gauhati High Court while deciding the petition filed by the respondent under Article 226 of the Constitution. On re-appreciation of evidence adduced, during the course of the departmental inquiry initiated against the respondent, the Division Bench has also recorded a finding of fact that the respondent had committed serious misconduct. The said finding is a finding of fact which is not liable to be interfered with in the instant appeal. 9. The next question which falls for consideration is whether the competent authority was justified in removing the respondent from service and 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. The record would indicate that the respondent was a senior police officer. He was instructed by his Commandment to go to Shillong to disburse the pay in a vehicle belonging to the department and along with him another police officer was also deputed for safe carriage of pay to be disbursed to the Bn personal posted at Shillong. Further, the respondent was issued 0.38 bore revolver with 12 rounds. It is an admitted position that the respondent was instructed to come back to Bn headquarters by the vehicle of the department along with other police personnel but the respondent disobeyed the instructions and traveled to Bn headquarters in a bus wherein not only he lost cash of Rs.17,314/- but also his service revolver with 12 rounds of ammunition. Under the circumstances the question arises whether the Division Bench of the High Court was justified in setting aside the order of removal of the respondent from service and remitting the matter to the appellate authority, namely, the Inspector General of Police to consider the question of imposition of appropriate punishment, short of removal from service, commensurate with the gravity of the proven misconduct of the respondent. A court or a tribunal while dealing with the quantum of punishment has to record reasons as to why it is felt that the punishment is not commensurate with the proved charges. In the matter of imposition of sentence, the scope for interference is very limited and restricted to exceptional cases. The jurisdiction of High Court, to interfere with the quantum of punishment is limited and cannot be exercised without sufficient reasons. The High Court, although has jurisdiction in appropriate case, to consider the question in regard to the quantum of punishment, but it has a limited role to play. It is now well settled that the High Courts, in exercise of powers under Article 226, do not interfere with the quantum of punishment unless there exist sufficient reasons therefor. The punishment imposed by the disciplinary authority or the Appellate Authority unless shocking to the conscience of the court, cannot be subjected to judicial review. In the impugned order of the High Court no reasons whatsoever have been indicated as to why the punishment was considered disproportionate. Failure to give reasons amounts to denial of justice. The mere statement that it is disproportionate would not suffice. While considering the question of proportionality of sentence imposed on a delinquent at the conclusion of departmental inquiry, the court should also take into consideration, the mental set up of the delinquent, the type of duty to be performed by him and similar relevant circumstances which go into the decision making process. If the charged employee holds the position of trust where honesty and integrity are inbuilt requirements of functioning, it would not be proper to deal with the matter leniently. Misconduct, in such cases has to be dealt with iron hands. The respondent belonged to a disciplined force. He was supposed to carry out instructions given to him by his superior. Not only he flouted the instructions but conducted himself in such a manner that he caused loss of part of pay to be deposited with the exchequer and loss of service revolver with ammunition which could be misused. When a statute gives discretion to the administrator to take a decision, the scope of judicial review would remain limited. The proved charges clearly established that the respondent, who was a police officer failed to discharge his duties with utmost integrity, honesty, devotion and diligence and his acts were prejudicial to the exchequer and society. Even in cases where the punishment imposed by the disciplinary authority is found to be shocking to the conscience of the court, normally the disciplinary authority or the Appellate Authority should be directed to reconsider the question of imposition of penalty. 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. Judged in this background, the conclusion of the Division Bench of the High Court cannot be regarded as proper at all. The High Court has interfered with the punishment imposed by the competent authority in a casual manner and, therefore, the appeal will have to be accepted.10. For the foregoing reasons the appeal succeeds.

Decision (1 = appeal accepted, 0 = rejected): 1

Explanation:
1[ds]8. This Court has heard the learned counsel for the parties at length and in great detail. This Court has also considered the documents forming part of the instant appeal. The competent authority as well as the first appellate authority have concluded that gave misconduct committed by the respondent is satisfactorily proved. The said finding is upheld by the learned Single Judge of the Gauhati High Court while deciding the petition filed by the respondent under Article 226 of the Constitution. Onof evidence adduced, during the course of the departmental inquiry initiated against the respondent, the Division Bench has also recorded a finding of fact that the respondent had committed serious misconduct. The said finding is a finding of fact which is not liable to be interfered with in the instantis an admitted position that the respondent was instructed to come back to Bn headquarters by the vehicle of the department along with other police personnel but the respondent disobeyed the instructions and traveled to Bn headquarters in a bus wherein not only he lost cash of Rs.17,314/but also his service revolver with 12 rounds of ammunition. Under the circumstances the question arises whetherthe Division Bench of the High Court was justified in setting aside the order of removal of the respondent from service and remitting the matter to the appellate authority, namely, the Inspector General of Police to consider the question of imposition of appropriate punishment, short of removal from service, commensurate with the gravity of the proven misconduct of the respondent.A court or a tribunal while dealing with the quantum of punishment has to record reasons as to why it is felt that the punishment is not commensurate with the proved charges. In the matter of imposition of sentence, the scope for interference is very limited and restricted to exceptional cases. The jurisdiction of High Court, to interfere with the quantum of punishment is limited and cannot be exercised without sufficient reasons. The High Court, although has jurisdiction in appropriate case, to consider the question in regard to the quantum of punishment, but it has a limited role to play. It is now well settled that the High Courts, in exercise of powers under Article 226, do not interfere with the quantum of punishment unless there exist sufficient reasons therefor. The punishment imposed by the disciplinary authority or the Appellate Authority unless shocking to the conscience of the court, cannot be subjected to judicial review. In the impugned order of the High Court no reasons whatsoever have been indicated as to why the punishment was considered disproportionate. Failure to give reasons amounts to denial of justice. The mere statement that it is disproportionate would not suffice. While considering the question of proportionality of sentence imposed on a delinquent at the conclusion of departmental inquiry, the court should also take into consideration, the mental set up of the delinquent, the type of duty to be performed by him and similar relevant circumstances which go into the decision making process. If the charged employee holds the position of trust where honesty and integrity are inbuilt requirements of functioning, it would not be proper to deal with the matter leniently. Misconduct, in such cases has to be dealt with iron hands. The respondent belonged to a disciplined force. He was supposed to carry out instructions given to him by his superior. Not only he flouted the instructions but conducted himself in such a manner that he caused loss of part of pay to be deposited with the exchequer and loss of service revolver with ammunition which could be misused. When a statute gives discretion to the administrator to take a decision, the scope of judicial review would remain limited. The proved charges clearly established that the respondent, who was a police officer failed to discharge his duties with utmost integrity, honesty, devotion and diligence and his acts were prejudicial to the exchequer and society. Even in cases where the punishment imposed by the disciplinary authority is found to be shocking to the conscience of the court, normally the disciplinary authority or the Appellate Authority should be directed to reconsider the question of imposition of penalty. 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. Judged in this background, the conclusion of the Division Bench of the High Court cannot be regarded as proper at all. The High Court has interfered with the punishment imposed by the competent authority in a casual manner and, therefore, the appeal will have to be accepted.10. For the foregoing reasons the appeal succeeds.