Om Kumar and Ors. vs. Union of India
Topic : Discrimination on Proportionality of punishments
Provisions : Article 14 of the Constitution of India
Citation : MANU/SC/0704/2000, 2000 INSC 532
Court : Supreme Court
Date of Decision : 17.11.2000
Facts
This case proposes to reopen the quantum of punishments imposed in departmental inquiries on officers of Delhi Development Authority (DDA) Sri Om Kumar, along with four other officers (Petitioners), for land allotted to M/s Skipper Construction Co. Skipper Construction obtained possession from DDA without paying the consideration in full, advertised, and collected crores of rupees from would-be purchasers. Based on the investigation report, the Court directed the Department of Personnel to initiate disciplinary proceedings against Petitioners. Because of the role Sri Om Kumar was given minor punishment and Sri Virendra Nath was given major punishment in the said matter. The quantum of punishment was challenged on the ground of Article 14 and Administrative Action as discriminative classification and arbitrariness.
Key Takeaways for Students
Legal Issue
Whether petitioners are liable for the imposition of a higher quantum of punishment?
Holding
The court held that the administrator had considered the report of Justice Chinnappa Reddy Commission, the finding of the Inquiry Officer, the opinion of the UPSC which was given twice and the views of the Committee of Secretaries. The court declined to refer the matter to the Vigilance Commissioner for upward revision of punishment.
Final Decision Disposed of
Ratio
Different quantum of punishment does not amount to discrimination.