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Supreme Court of India 2016-04-13 allowed

Ashok Kumar Nigam vs State of Uttar Pradesh & Anr

Bench: 3 — <UNKNOWN>, <UNKNOWN>, <UNKNOWN>

In Brief

An Additional District and Sessions Judge was found guilty of misconduct and awarded the punishment of stoppage of two increments. When he challenged this punishment in a writ petition, the High Court upheld his guilt but directed a show cause notice for removal from service instead. The Supreme Court held that this constituted an impermissible enhancement of punishment. An employee seeking judicial redress against a disciplinary penalty cannot be placed in a worse position by the court. The Court set aside the High Court's direction issuing the show cause notice for enhanced punishment.

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