In Brief
An Additional District and Sessions Judge was charged with misconduct, found guilty, and awarded the punishment of stoppage of two increments. When he challenged the punishment in a writ petition, the High Court not only upheld the guilt but directed issuance of a show cause notice for removal from service—a heavier penalty. The Supreme Court held that this was unlawful. An employee cannot be placed in a worse-off position by seeking judicial redress against disciplinary punishment. The High Court's power of judicial review does not permit enhancement of penalties. The Court set aside the direction for the show cause notice and allowed the appeal.
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