Topic

judicial review of penalties

1 articleLatest March 2026
Proportionality in Service Discipline | Attempted Misappropriation Without Actual Loss Justifies Demotion, Not Dismissal: Bombay HC
Case Law Analysis
|Bombay High Court

Proportionality in Service Discipline | Attempted Misappropriation Without Actual Loss Justifies Demotion, Not Dismissal: Bombay HC

The Bombay High Court ruled that an air traffic controller's attempt to misappropriate government property, followed by voluntary restitution, warrants a proportional penalty of demotion rather than dismissal. This sets a critical precedent for disciplinary authorities to weigh intent, conduct, and remedial action when imposing penalties on public employees, reinforcing that absence of actual loss must mitigate punishment.