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New Delhi, Dec 20: The Supreme Court bench comprising Justice B V Nagarathna and Justice Prasanna B Varale modified the removal of J&K Judicial Officer into premature retirement with pensionary benefits holding that the punishment was disproportionate to the charges proved against him.
The Supreme Court, in a landmark ruling on proportionality in disciplinary proceedings, has held that the removal of a Judicial Officer from service was harsh and disproportionate and substituted the penalty with premature retirement carrying proportionate pensionary benefits.
The Court delivered the judgment while deciding civil appeals filed by Judicial Officer of the Jammu and Kashmir judiciary who was terminated.
The Court while hearing observed that although certain charges in the departmental inquiry were proved, the punishment of removal resulting in complete denial of pension could not be justified in law.
Taking note of the fact that the officer was removed from service in the year 2000 and is now nearly 80 years old, the Court held that reinstatement was impractical but denial of pension would amount to grave injustice.
The Court further directed the State to compute and disburse pension arrears by March 31, 2026, and to ensure regular monthly pension payments thereafter, deeming the officer to have completed the requisite qualifying service.
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