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Supreme Court of India 2022-04-20 dismissed

Anil Kumar Upadhyay vs Director General, SSB and Others

Bench: 2 — M.R. Shah

In Brief

A Head Constable in the Sashastra Seema Bal was charged with violating discipline by entering a female barrack at midnight without authorization, compromising security. The disciplinary authority imposed removal from service. The High Court's Single Judge set aside this penalty as disproportionate, noting a female constable who allowed entry received lesser punishment. The Division Bench reversed, and the Supreme Court upheld that dismissal. The Court held that judicial review in disciplinary cases is limited to whether punishment shocks the conscience; a male officer's serious breach in a disciplined force cannot be equated with a female constable's lesser violation, and mere disparity in co-delinquent punishment does not render the sentence disproportionate without identical circumstances and demonstrated remorse.

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