SC reinstates senior IPS officer given compulsory retirement
An IPS officer of Andhra Pradesh cadre, who was given compulsory retirement for misusing his official vehicle for his son`s marriage, was Tuesday reinstated by the Supreme Court.
New Delhi: A senior IPS officer of Andhra Pradesh cadre, who was given compulsory retirement for misusing his official vehicle for his son`s marriage, was today reinstated by the Supreme Court which held that the punishment "shocks" its conscience.
A bench of justices B S Chauhan and Dipak Misra substituted the punishment of compulsory retirement for S R Tewari, a 1982 batch IPS officer of Andhra Pradesh cadre, with the punishment of withholding two increments for one year without having cumulative effect.
"The punishment of compulsory retirement shocks the conscience of the court and by no stretch of imagination can it be held to be proportionate or commensurate to the delinquency committed by and proved against him.
"The only punishment which could be held to be commensurate to the delinquency was as proposed by the Centre to withhold two increments for one year without cumulative effect," the bench said.
Tewari joined the service in 1982 and was promoted on the post of Deputy Inspector General and subsequently as Inspector General of Police in May 2001. He was put under suspension vide order in 2006 for allegedly misusing his office and eight charges were framed against him.
After considering all the material, the Disciplinary Authority passed the order of punishment of dismissal from service on September 8, 2010.
He then approached the Central Administrative Tribunal which set aside the order of punishment dated directed for his reinstatement.
The Centre then approached the Delhi High Court which directed it to pass a fresh order.
The IPS officer then approached the apex court against the high court order.
After going through the records of the case, the apex court set aside the punishment saying misconduct seems to be of an administrative nature rather than a misconduct of a serious nature.