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Equality in punishment for misconduct (Service matter) Daily Legal Advice Series 3

If you are a civil servant who has been accused of misconduct, you can challenge your penalty on the basis of ‘equality’ in the way other people who were involved in the incident were treated.If you are in a similar situation and would need quality legal advice on your service matter, please feel free to contact us at jm@joshandmak.com for a FREE One-time consultation.

Civil servant posted as Revenue Extra-Commissioner did not insist on vendors to hand over all title deed relating to acquired land and instead obtained registered agreement deed of sale on stamp paper worth Rs. 5 without taking into account stay order and merits of applications of co-sharers–Misconduct–Removal from service–Status–Held: Questions of title were involved in the transaction and civil servant having been directly concerned with proceedings relating to land and possessed of funds to be paid to vendors could not be ignorant of the infirmities involved–In such cases of doubt, para. 52 of Revenue Circulars specific to acquisition by private negotiations was relevant–Civil servant, however, was entitled to equal treatment with others, who may have been involved though in varying degrees and in such category were included officer or officers who entered into sale contract with vendors who, while similarly placed, were lightly let off by reportedly according lesser punishment. PLJ 1999 SC 151

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