Holding that the power of awarding a particular penalty rested with the disciplinary authority, a bench headed by Justice A K Sikri said, “it is not the function of the High Court to impose a particular punishment even in those cases where it was found that penalty awarded by the employer is shockingly disproportionate.”
“Decision qua the nature and quantum is the prerogative of the disciplinary authority. It is not the function of the High Court to decide the same,” the bench, also comprising Justice A M Sapre, said.
The observation came in a judgement which set aside an order of a division bench of the Andhra Pradesh High Court altering the penalty of dismissal from service awarded to a supervisor of a cooperative bank by the disciplinary authority and modified it and said the employee would be denied two increments for a period of three years.
The apex court said the courts below, while exercising their power of judicial review in such matters, “should not sit as the appellate authority.”
The disciplinary authority of Krishna District Cooperative Central Bank had found K Hanumantha Rao, a supervisor of five Primary Agricultural Cooperative Societies (PACS), guilty of dereliction of duty.
Rao’s failure to discharge his duties in supervising had allegedly led to cheating by members of Nidamanuru Primary Agricultural Cooperative Society (PACS), resulting in misappropriation of society funds leading to disciplinary action against him and subsequent dismissal from service.
Rao challenged his sacking in the High Court. The single bench had upheld the punishment given to him, while the division bench altered it.
PTI