197. Knowledge Spectrum – Discipline – QUANTUM OF PENALTY
349. What factors the Disciplinary may consider while deciding the quantum of penalty?
The following extract from the Judgment of the Hon'ble Supreme Court in the case of Union territory of Dadra & Nagar Haveli Vs. Gulabhia M Lad decided on 28.4.2010 indicates some of the factors relevant in this context:
The exercise of discretion in imposition of punishment by the Disciplinary Authority or Appellate Authority is dependent on host of factors such as gravity of misconduct, past conduct, the nature of duties assigned to the delinquent, responsibility of the position that the delinquent holds, previous penalty, if any, and the discipline required to be maintained in the department or establishment he works.
While it is again reiterated that the quantum of penalty is within the domain of the discretionary power of the disciplinary authority who is under no obligation to take cognizance of any suggestions, experts on the subject consider the following factors to be relevant while considering the quantum of penalty:
(a) What is the impact of the misconduct on the values cherished by the organization? Does it amount to the negation of the basic values such as trust, faith, honesty and integrity?
(b) What is the impact of the misconduct on the image of the organization among the stakeholders? Is it likely to affect the credibility of the organization? Whether the stakeholders are likely to lose faith on the orgnisation? Will the punishment restore the confidence of the stakeholders?
(c) What will be impact of the penalty on the individual concerned? – does it amount to punishing or finishing?. Will the employee be a better person by imposing a moderate punishment? As the old saying goes - Every saint has a past and every sinner has a future. Viewed in this context, whether it is appropriate to give an opportunity to the erring official to mend rather than putting an end?
(d) What message the punishment will send to other members and stakeholders of the organization? Is it likely to embolden the employees to act in defiance of prescribed rules; alternatively will it scare the employees so that they will adopt safety first policy and avoid taking risk which is one of the important qualities required of a manager?
(e) is it an isolated misconduct in what is otherwise an unblemished career?
(f) How similar instances of misconduct were dealt with in the past?
(g) How such instances are dealt with in sister organizations? - as may be ascertained from CVC Reports, Vigilance magazines, etc.
(h) Whether there is any evidence of remorse or repentance on the part of the employee? For example whether the charged officer had admitted the charges at the earliest opportunity or kept on doggedly defending the misconduct?
(0) Whether the proposed penalty will serve public interest?
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