Friday, November 27, 2009

Chairman cum Managing Director, Coal India Limited and Anr. v. Mukul Kumar Choudhuri & Ors. (C.A. Nos. 5762- 5763 of 2009)

On 24th August, 2009, a two Judges Bench in Chairman cum Managing Director,Coal India Limited and Anr. v. Mukul Kumar Choudhuri & Ors. (C.A. Nos. 5762-5763 of 2009) dealt with “the doctrine of proportionality”, a well recognized concept of judicial review in Indian jurisprudence.


“What is otherwise within the discretionary domain and sole power of the decision maker to quantify punishment once the charge of misconduct stands proved, such discretionary power is exposed to judicial intervention if exercised in a manner which is out of proportion to the fault. Award of punishment which is grossly in excess to the allegations cannot claim immunity and remains open for interference under limited scope of judicial review”, said the Bench.

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