ओम कुमार बनाम भारत संघ
| Citation | (2001) 2 SCC 386 |
| Court | Supreme Court of India |
| Date | 2 February 2001 |
| Year | 2001 |
| Bench | M. Jagannadha Rao, U.C. Banerjee JJ. |
| Acts/Articles | Article 14, Article 311 |
| Category | Constitutional Law, Service & Employment Law |
Key Principle Established
Proportionality principle applies to disciplinary proceedings. The punishment imposed must be proportionate to the gravity of misconduct. Shockingly disproportionate punishment can be set aside by courts.
Government employees challenged punishments imposed in departmental proceedings as disproportionate to the gravity of the misconduct proved against them.
The Court introduced the doctrine of proportionality in administrative law:
This judgment introduced the proportionality doctrine into Indian administrative law and is the go-to authority when challenging disproportionate punishments in departmental proceedings.
(1982) 1 SCC 618
Equal pay for equal work is a constitutional goal derivable from Articles 14, 16, and 39(d) read together.
Read Analysis(1996) 11 SCC 77
Contractual employee retained beyond tenure cannot be terminated without following principles of natural justice.
Read Analysis(2002) 1 SCC 187
Settled seniority cannot be disturbed retrospectively. Reopening seniority after long gap causes grave prejudice.
Read AnalysisThis judgment summary is for educational and research purposes. While care has been taken to accurately represent the ratio and findings, for authoritative reference always consult the original judgment text from official sources (SCC Online, AIR, Manupatra, or court websites).
22+ years of practice before Punjab & Haryana High Court and Supreme Court of India.