VidhiSangh

Supreme Court of India · 19/04/2022

UNION OF INDIA AND OTHERS versus M. DURAISAMY

[2022] 3 S.C.R. 51 · 2022 INSC 436

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Summary

The Union challenged substitution of compulsory retirement for removal of a postal employee who admitted fraudulent withdrawals and non-credit of depositors’ money. The Court held that repayment after detection and a long previously unpunished career did not justify sympathetic interference with the reasoned penalty for serious breach of public trust. No procedural defect had been found. It set aside the Tribunal and High Court orders and restored removal.

Issues

  1. Whether repayment and long service justified judicial substitution of compulsory retirement for removal on the admitted fraud.

Held

Result

Union appeal allowed. The High Court and Tribunal orders substituting compulsory retirement were quashed, the employee’s original application dismissed and the disciplinary order of removal restored. No order as to costs.

Judgment PDF: Supreme Court of India, [2022] 3 S.C.R. 51.