1) When misconduct of misappropriation stands proved against the delinquent employee, reinstatement cannot be ordered. An employee holding a position of trust where honesty and integrity are inbuilt requirements of functioning, the matter should be dealt with iron hands and not leniently. When an employee is dealing with public money, highest integrity is expected out of the employee.
2) The courts in India do not substitute the punishment unless they are shockingly disproportionate.
3) The employee merely making a statement that punishment is disproportionate without reasons to justify the same will not be sufficient to substitute the same with a lighter punishment.
India