Courts should not be guided by misplaced sympathy: Apex court
14 Oct 2013 6:20 AM IST
Saying that the courts should not be guided by misplaced sympathy as a factor in judicial review while examining the quantum of punishment, the SC has set aside a Meghalaya HC verdict and ordered removal of a clerk from service for going to work in a drunken state.
A bench comprising of Justice SJ Mukhopadhaya and Justice AK Sikri set aside the Meghalaya HC verdict, which had set aside the order of the Central Administraive Tribunal, which had upheld the decision of Kendriya Vidyalaya Sangathan for removing a person, employed as upper division clerk, from service for coming to the duty in drunken state.
‘Repeatedly this court has emphasised that the courts should not be guided by misplaced sympathy or continuity ground, as a factor in judicial review while examining the quantum of punishment,’ the bench said.
A bench comprising of Justice SJ Mukhopadhaya and Justice AK Sikri set aside the Meghalaya HC verdict, which had set aside the order of the Central Administraive Tribunal, which had upheld the decision of Kendriya Vidyalaya Sangathan for removing a person, employed as upper division clerk, from service for coming to the duty in drunken state.
‘Repeatedly this court has emphasised that the courts should not be guided by misplaced sympathy or continuity ground, as a factor in judicial review while examining the quantum of punishment,’ the bench said.
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