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Supreme Court of India 2022-04-19 allowed

Union of India and Others vs M. Duraisamy

Bench: 2 — M.R. Shah, B.V. Nagarathna

In Brief

A postal assistant who defrauded the government of Rs. 16,59,065 across multiple deposit accounts was ordered removed from service by the Disciplinary Authority. The Tribunal and High Court modified this punishment to compulsory retirement, citing the employee's 39 years of service and the fact that he had repaid the full amount with interest. The Supreme Court reversed both judgments, holding that courts cannot soften disciplinary punishment on grounds of sympathy or length of service when serious, proved misconduct is involved. The removal order was restored, emphasizing that the gravity of the offense and breach of public trust outweighed mitigating factors.

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Administrative Law Disciplinary Action Service Law Judicial Review Proportionality of Punishment

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