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TMI Blog2008 (5) TMI 601X X X X Extracts X X X X X X X X Extracts X X X X ..... t appeal is directed against the Judgment dated March 7, 2006, rendered by the Division Bench of the Gauhati High Court in Writ Appeal No.282 of 2002 whereby the decision of the learned Single Judge dated October 5, 2002 passed in Civil Rule No.4048 of 1996, upholding the order of the Competent Authority, removing the respondent from service, is set aside and the matter is remanded to the appellate authority, namely, the Inspector General of Police to consider and inflict appropriate punishment, short of removal from service, commensurate with the gravity of the proven misconduct. 3. The relevant facts emerging from the record of the case are as under. In the year 1967 the respondent was appointed as police constable by the Home Department, Government of Meghalaya. During the course of time he was promoted to the post of Sub-Inspector of police and posted as Armed Branch Sub-Inspector, 2nd Meghalaya Police Battalion at Goeragre. On May 5, 1995 he was directed to go to Shillong along with BNC Clyforth Sangma to disburse the pay for the month of April 1995 to the Bn personnel posted at Shillong. One 0.38 bore revolver bearing Number 787735 and 12 rounds of 0.38 ammunition were also ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... seat No.21 was not around. 5. When he reached Goeragre he looked for his belongings again but could not find them. He then left for his residence. After sleeping for some time he woke up and went to Tura with the intention of searching the bus once again. He met the Depot Manager who informed that the bus had left for Nanggalbibra and would return only in the evening. Therefore, he came back to his residence and went to the Commandant's office at 10.00 P.M. to inform him about the loss of his revolver and money. When he reached the office of the Commandant, too many people were present in the office and, therefore, he could inform the Commandant about the incident in question at about 12.00 P.M. 6. On receipt of the information from the appellant, Respondent No.3 who is the Commandant of the Battalion forwarded his report on May 8, 1995 to Tura Police Station for registering a case and accordingly a case was registered at Tura Police Station under the provisions of the Indian Penal Code. On May 12, 1995, the respondent was suspended from service pending enquiry for loss of Rs.17,314/- and service revolver with ammunition. A preliminary enquiry was held with regard to the matte ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d by co-passenger was a mitigating circumstance and, therefore, the punishment of removal from service imposed on him was not commensurate with the gravity of the proven misconduct. In view of the said conclusion the Division Bench has set aside the order removing the respondent from service and remitted the matter to the appellate authority, namely, the Inspector General of Police to consider and inflict appropriate punishment, short of removal from service, commensurate with the gravity of the proven misconduct of the respondent, by the impugned judgment, giving rise to the instant appeal. 8. This Court has heard the learned counsel for the parties at length and in great detail. This Court has also considered the documents forming part of the instant appeal. The competent authority as well as the first appellate authority have concluded that grave misconduct committed by the respondent is satisfactorily proved. The said finding is upheld by the learned Single Judge of the Gauhati High Court while deciding the petition filed by the respondent under Article 226 of the Constitution. On re-appreciation of evidence adduced, during the course of the departmental inquiry initiated aga ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... under Article 226, do not interfere with the quantum of punishment unless there exist sufficient reasons therefor. The punishment imposed by the disciplinary authority or the Appellate Authority unless shocking to the conscience of the court, cannot be subjected to judicial review. In the impugned order of the High Court no reasons whatsoever have been indicated as to why the punishment was considered disproportionate. Failure to give reasons amounts to denial of justice. The mere statement that it is disproportionate would not suffice. While considering the question of proportionality of sentence imposed on a delinquent at the conclusion of departmental inquiry, the court should also take into consideration, the mental set up of the delinquent, the type of duty to be performed by him and similar relevant circumstances which go into the decision making process. If the charged employee holds the position of trust where honesty and integrity are in-built requirements of functioning, it would not be proper to deal with the matter leniently. Misconduct, in such cases has to be dealt with iron hands. The respondent belonged to a disciplined force. He was supposed to carry out instructio ..... X X X X Extracts X X X X X X X X Extracts X X X X
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