no person can be punished for a penalty not prescribed under Act or Statutory Rules

Hon’ble Court in Vijay Singh Vs. State (2012) 5 SCC 242, has ruled that no person can be punished for a penalty not prescribed under Act or Statutory Rules. The order of punishment being outside the purview of the statutory rules is a nullity and cannot be enforced against the said person. In a civilized society governed by the Rule of Law, the punishment not prescribed under the statutory rules cannot be imposed. It is ruled as under; “13. The authority has to act or purport to act in pursuance or execution or intended execution of the statute or statutory rules. (See Poona City Municipal Corpn. v. Dattatraya Nagesh Deodhar [AIR 1965 SC 555]; Municipal Corpn., Indore v. Niyamatullah [(1969) 2 SCC 551: AIR 1971 SC 97] ; J.N. Ganatra v. Morvi Municipality, Morvi [(1996) 9 SCC 495 : AIR 1996 SC 2520] and Borosil Glass Works Ltd. Employees' Union v. D.D. Bambode [(2001) 1 SCC 350 : 2001 SCC (L&S) 997 : AIR 2001 SC 378] .) 15. Imposing the punishment for a proved delinquency is regulated and controlled by the statutory rules. Therefore, while performing the quasi-judicial functions, the authority is not permitted to ignore the statutory rules under which punishment is to be imposed. The disciplinary authority is bound to give strict adherence to the said rules. Thus, the order of punishment being outside the purview of the statutory rules is a nullity and cannot be enforced against the appellant. 20 21. Undoubtedly, in a civilised society governed by the Rule of Law, the punishment not prescribed under the statutory rules cannot be imposed. Principle enshrined in criminal jurisprudence to this effect is prescribed in the legal maxim nulla poena sine lege which means that a person should not be made to suffer penalty except for a clear breach of existing law. 22. In S. Khushboo v. Kanniammal [(2010) 5 SCC 600 : (2010) 2 SCC (Cri) 1299 : AIR 2010 SC 3196] this Court has held that a person cannot be tried for an alleged offence unless the legislature has made it punishable by law and it falls within the offence as defined under Sections 40, 41 and 42 of the Penal Code, 1860, Section 2(n) of the Code of Criminal Procedure, 1973, or Section 3(38) of the General Clauses Act, 1897. The same analogy can be drawn in the instant case though the matter is not criminal in nature.”