The question whether the Central Administrative Tribunal could interfere with penalty awarded by the competent authority on the ground that it is excessive or disproportionate to the misconduct proved, was examined by the Supreme Court of India in which one of the following cases ?
Excel Wear vs. Union of India
Sagir Ahmad vs. State of Uttar Pradesh
L. Chandra Kumar vs. Union of India
Union of India vs. Shri Parma Nanda
Answer is Right!
Answer is Wrong!
This question was previously asked in
UPSC CISF-AC-EXE – 2022
The correct answer is Union of India vs. Shri Parma Nanda.
– The question of whether the Central Administrative Tribunal (CAT) can interfere with the quantum of penalty imposed by the disciplinary authority on the ground of proportionality was extensively examined by the Supreme Court in the case of Union of India vs. Shri Parma Nanda (AIR 1989 SC 1185).
– The Supreme Court held in this case that the Tribunal has the power to judicially review the findings of the disciplinary authority and the punishment imposed. However, the Tribunal should not sit as an appellate authority substituting its own view on the penalty. It should only interfere with the quantum of punishment if it is shockingly disproportionate to the misconduct proved or if there is some procedural irregularity leading to miscarriage of justice.