The Central Administrative Tribunal has held that authorities are free to determine the quantum of penalty to be imposed on delinquent employees and the courts should not ordinarily interfere unless it shocks the judicial conscience.
"The law is well settled that it is the authorities (disciplinary) who are the best judge about the quantum of penalty to be imposed on a delinquent officer unless the penalty shocks the judicial conscience," the Tribunal bench comprising members A K Mishra and Meera Chhibber said.
The Tribunal passed the order on an application filed by Rajiv Saxena, an Assistant Enforcement Officer in the Directorate of Enforcement challenging the punishment of reducing his salary even after revocation of his suspension order.
Saxena was accused of demanding bribe from the director of a company against whom he was assigned to hold inquiry.
He challenged the order of the Directorate of Enforcement, the disciplinary authority, imposing the penalty of reduction of his pay by two stages for a period of three years from the date of revocation of his suspension order.
He contended that the penalty imposed was harsh and patently disproportionate to the charges levelled against him, besides being based on insufficient evidence.
The authority sought to negate the contentions of Saxena by arguing that the orders were passed after thorough enquiry and after taking into account the relevant evidences.
The Tribunal, while rejecting the plea of Saxena, said, "The scope of judicial review of disciplinary proceedings against a government employee is limited."
