SC Upholds the MP HC Order Over Relaxing Penalty on Employees for Having More Than Two Kids

Must Read

Calcutta High Court Rejects the Petition Challenging the Bid’s Rejection Filed on Seeking Condonation of Delay Due to Pandemic Interventions in Absence of Satisfactory...

Case: Shiba Prosad Banerjee vs The State of West Bengal and others The Hon’ble Justice Sabyasachi Bhattacharyya of Calcutta...

Calcutta High Court Reiterated the Scope of the Grounds for Exercising Its Criminal Revisional Jurisdiction.

Case: Shreya Beria vs Vedant Bhagat The Calcutta HC on 20th January 2021, dismissed the criminal revision filed by...

Gujarat High Court Allows a Family Suit to Be Transferred From Family Court, Surat to the Family Court, Bhavnagar

The Court directed that in light of the circumstances of the present case, the application of the applicant- wife...

Telangana HC Grants Two Days to Convey the Decision of Appropriate Notification and Counselling to the Higher Secondary Department

Excerpt In Telangana Republican Party Trp vs The State Of Telangana, on 18 January 2021, Telangana High Court directed the...

Telangana HC: Applications Have to Be Made Through Online Web Portal “Dharani” for Mutation of Names

Excerpt In P. Manohar Reddy vs The State Of Telangana And 3 Others, on 18 January 2021, Telangana High Court...

Follow us

The Supreme Court received a Petition challenging the Order passed by the Madhya Pradesh High Court. The Order relaxed the penalty imposed in District Court Establishment on judicial employees for having more than two kids.

Facts of the Case 

Clause (4) of Rule 22 of the Civil Services (Conduct) Rules, 1965, states that-

“Every government servant shall observe the policies regarding family welfare of the Government of India and the State Government. Explanation-For the purpose of this sub-rule, government servant having more than two children shall be deemed to be misconduct if one of them is born on or after 26-1-2000”.

Under this clause, proceedings against many employees were undertaken. A penalty was thereby imposed on them for committing misconduct by having more than 2 kids. The clause held bach the two increments of the employees with recurring effect. 

The affected employees challenged this penalty in the High Court. The HC observed that holding back the increment with a recurring effect as a penalty is disproportionate. Further, the HC observed that this penalty is against the principle of proportionality to the alleged misconduct. The HC administration challenged the Judgment before the Supreme Court.

Court’s Observation

The CJ SA Bobde, Justices AS Bopanna and V. Ramasubramanian heard the matter. 

The Supreme Court further observed that the penalty imposed of holding back two-three increments with the recurring effect is unreasonable and against the principle of proportionality.

The Bench relied on the Judgement in the case of Ranjit Thakur v. Union of India (1987) 4 SCC 611 and stated that:

“Without disturbing the findings on the point of misconduct on account of explanation of Clause (4) of Rule 22 of the Rules of 1965 and maintaining proportionality in the State to deal with the employees, who are in the employment, we hereby set aside the orders of penalty on quantum as imposed by the District Judges and also the orders passed by the appellate authority and it is directed that in order to maintain proportionality in all such cases which have been decided prior to commencement of the Rules of 2016, a penalty of Censure be imposed by the District Judges to all such employees.”

Court’s Decision

The Court held that: 

“We find no reason to interfere with this order of the High Court which is humane and appropriate for dealing with the alleged misconduct and we do not wish to interfere with the judgment of the High Court, insofar as it granted relief to judicial employees. Therefore, that portion of the order of the High court granting relief to the respondents, is hereby confirmed”

The Supreme Court upheld the Order passed by the MP HC.


Libertatem.in is now on Telegram. Follow us for regular legal updates and judgments from the court. Follow us on Google News, InstagramLinkedInFacebook & Twitter. You can also subscribe to our Weekly Email Updates. You can also contribute stories like this and help us spread awareness for a better society. Submit Your Post Now.

LEAVE A REPLY

Please enter your comment!
Please enter your name here

This site uses Akismet to reduce spam. Learn how your comment data is processed.

Latest News

Calcutta High Court Rejects the Petition Challenging the Bid’s Rejection Filed on Seeking Condonation of Delay Due to Pandemic Interventions in Absence of Satisfactory...

Case: Shiba Prosad Banerjee vs The State of West Bengal and others The Hon’ble Justice Sabyasachi Bhattacharyya of Calcutta High Court on 22nd January...

Calcutta High Court Reiterated the Scope of the Grounds for Exercising Its Criminal Revisional Jurisdiction.

Case: Shreya Beria vs Vedant Bhagat The Calcutta HC on 20th January 2021, dismissed the criminal revision filed by the Petitioners (wife) challenging the...

Calcutta High Court: Deceased’s Wife Has the Sole Right Over His Preserved Sperm; Father Doesn’t Have Any Fundamental Right Over Son’s Progeny Without the...

Case: Asok Kumar Chatterjee vs. The Union of India & Ors. The Calcutta High Court dismissed the petition by the Petitioner (father) on 19th...

Gujarat High Court Allows a Family Suit to Be Transferred From Family Court, Surat to the Family Court, Bhavnagar

The Court directed that in light of the circumstances of the present case, the application of the applicant- wife to transfer the case from...

Telangana HC Grants Two Days to Convey the Decision of Appropriate Notification and Counselling to the Higher Secondary Department

Excerpt In Telangana Republican Party Trp vs The State Of Telangana, on 18 January 2021, Telangana High Court directed the Higher Education Department for passing...

Telangana HC: Applications Have to Be Made Through Online Web Portal “Dharani” for Mutation of Names

Excerpt In P. Manohar Reddy vs The State Of Telangana And 3 Others, on 18 January 2021, Telangana High Court directed that one has to...

Indonesian Spa Therapist Approaches Supreme Court Regarding Illegal Detention Followed by Raid at the Spa

An Indonesian spa therapist has moved to Supreme Court, whilst challenging an HC order which provided relief to the police inspector who was involved in the illegal detention of the spa therapist in a woman’s home which was followed by a police raid at the spa.

Questions of Forgery, Tampering Not Capable of Summary Adjudication Under Article 226 in Delhi High Court’s Jee Marks Case

Questions of fraud, forgery, and tampering require elaborate evidence as per the ruling of the Delhi High Court making it incapable of summary adjudication...

Supreme Court: Urgent and Immediate Reforms Needed in the Legal Education Due To Mushrooming of Law Schools

The Supreme Court, on Saturday, said that there is an urgent need for reforming the legal education in the country as its quality is being affected due to the ‘mushrooming’ of Law Colleges.

Delhi High Court Ruled Disclosure of Interest in Information Sought Under Rti Act Necessary to Establish Bonafides of Applicant

The Delhi HC opined that disclosure of the interest of information is necessary for the information sought under the RTI Act for establishing bonafide...

More Articles Like This

- Advertisement -