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The tribunal was proceeding a lawsuit wherever a authorities typist and different worker astatine the bureau of the Joint Commissioner of Commercial Taxes had allegedly demanded bribes of Rs 300 and Rs 2,000, respectively, successful 2010. (File)
The Karnataka High Court precocious upheld the dismissal of a authorities typist who had allegedly taken a bribe of Rs 300 and ruled that a tribunal “could not person substituted the punishment of dismissal with that of compulsory retirement”.
“…unless the tribunal records that the punishment imposed is disproportionate to the gravity of charge, which shocks the conscience of the court, the tribunal would not get jurisdiction to substitute the punishment,” a part seat of Justices S G Pandit and C M Poonacha ruled connected October 1.
The tribunal was proceeding a lawsuit wherever a authorities typist and different worker astatine the bureau of the Joint Commissioner of Commercial Taxes had allegedly demanded bribes of Rs 300 and Rs 2,000, respectively, successful 2010.
The authorities had dismissed the typist. However, successful an entreaty earlier the Karnataka State Administrative Tribunal, this punishment was reduced to compulsory retirement, with the tribunal saying that determination should beryllium leniency arsenic the typist was a pistillate who had served for 11 years and 8 months.
Opposing the tribunal bid earlier the Karnataka High Court, the authorities counsel argued that without signaling a uncovering that excess punishment was imposed, the punishment could not beryllium substituted by the tribunal. It was besides stated that the tribunal could not usage its powerfulness to substitute the punishment of the disciplinary authorization connected sympathetic grounds.
“The tribunal having observed that demanding and receiving bribe is simply a superior societal morality and it needs to beryllium dealt with firmly, could not person substituted the punishment of dismissal with that of compulsory retirement…,” the tribunal ruled.
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