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Gulzar Singh v. State Of Punjab .
Factual and Procedural Background
The appellant was a Conductor in the Roadways and faced a disciplinary enquiry. He was proceeded against on a serious charge of pilferage, but that charge was not proved. The only charge proved against him was a failure to issue a ticket for Rs. 5 to a 2½ years old child. Based on this, the General Manager, Punjab State Road Transport Corporation issued an order dated September 1, 1978 dismissing the appellant from service. The High Court upheld the dismissal. The matter then came before the Supreme Court in an appeal for which special leave was granted.
Legal Issues Presented
- Whether the punishment of dismissal from service was wholly disproportionate to the nature of the misconduct proved (failure to issue a Rs. 5 ticket for a 2½ years old child), particularly when the serious charge of pilferage was not proved.
Arguments of the Parties
The opinion does not contain a detailed account of the parties' legal arguments.
Table of Precedents Cited
No precedents were cited in the provided opinion.
Court's Reasoning and Analysis
After hearing counsel for both sides, the Court focused on the proportionality of punishment to the misconduct actually established in the disciplinary enquiry. It noted that while the appellant had been subjected to proceedings on a “serious charge of pilferage,” that charge was not proved. The only proved lapse was the non-issuance of a Rs. 5 ticket to a 2½ years old child.
The Court concluded that dismissal from service was “wholly disproportionate” to this solitary lapse and expressed the view that such a single failure could not justify the extreme penalty of dismissal. On this basis, it set aside both the High Court’s judgment and the dismissal order of the General Manager.
Holding and Implications
APPEAL ALLOWED; DISMISSAL SET ASIDE; REINSTATEMENT ORDERED. The Court granted special leave, allowed the appeal, and set aside (i) the High Court’s judgment and order and (ii) the General Manager’s order dated September 1, 1978 dismissing the appellant from service.
The appellant was directed to be reinstated in service without any back wages or allowances. However, the Court directed that there would be no break in continuity of service for pension and other benefits, including seniority. The appeal was disposed of with no order as to costs. The opinion does not indicate any broader implications beyond the direct relief granted to the appellant and does not set out any new precedent.
1. Upon hearing learned counsel for the parties, we are satisfied that the punishment of dismissal from service is wholly disproportionate to the nature of charge proved. The appellant was a Conductor of the Roadways and he was subjected to a disciplinary enquiry on a serious charge of pilferage but the charge is not proved. The only charge proved is that there was failure on his part to issue a ticket for Rs 5 for a 2½ years old child. We are inclined to think that for this solitary lapse the appellant could not be dismissed from service.
2. We grant special leave and accordingly the appeal is allowed. The judgment and order of the High Court and also the impugned order of the General Manager, Punjab State Road Transport Corporation dated September 1, 1978 directing the dismissal of the appellant from service are set aside and instead we direct his reinstatement in service but without any back wages or allowances. There shall however be no break in continuity of service for purposes of pension and other benefits, including seniority.
3. The appeal is disposed of accordingly with no order as to costs.
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