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TMI Blog2013 (2) TMI 930X X X X Extracts X X X X X X X X Extracts X X X X ..... of the appellant was proved in the inquiry. The charge levelled against Arjun Pathak was more serious than the one charged against the appellant. Both appellants and other two persons as well as Arjun Pathak were involved in the same incident. After having found that Arjun Pathak had a more serious role and, in fact, it was he who had demanded and received the money, he was inflicted comparatively a lighter punishment. At the same time, appellant who had played a passive role was inflicted with a more serious punishment of dismissal from service which, in our view, cannot be sustained. We are of the view the Doctrine of Equality also applies to the facts of the present case. We have indicated that the action of the Disciplinary Authority ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e following are the charges levelled against the appellant: (1) He demonstrated gross negligence and lack of interest in discharge of his duty by not implicating all the persons involved in the crime. (2) He demonstrated misconduct by accepting Rs.3,000 from the complainant Kundan Rajak for lodging a report in the police station. 3. Appellant filed a detailed reply to the charge-sheet by his letter dated NIL and denied all the allegations. 4. A detailed inquiry was conducted through the Additional Superintendant of Police, Sagar against the appellant and other two persons A.S.I. Lakhan Tiwari and H.C. Jagdish Prasad Yadav. During the course of the inquiry, the charge against Lakhan Tiwari was found not proved, but his role was ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Yadav and his tacit approval are proved with respect to the charge No. 2. At the same time, he could not exercise his control over his subordinate. The money was demanded by Arjun Pathak and upon receipt of the money by Arjun Pathak, HC 1104 Rajendra Yadav lodged the report. Therefore, I am in disagreement with the view of the Inquiry Officer given in the inquiry report of the department inquiry that the charge is not proved against the delinquent HC Rajendra Prasad Yadav. As per the remark of the Inquiry Officer, the above mentioned charge No. 2 imputed against HC No. 1104 Rajendra Prasad is found to be proved. 6. On the basis of the above finding, Lakhan Tiwari was demoted for three years from the post of A.S.I. to Head Constable. But ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... en given a lighter punishment while the appellant was imposed a harsher punishment, which is clearly arbitrary and discriminatory. Learned counsel placed considerable reliance on the judgment of this Court in Anand Regional Coop. Oil Seedsgrowers Union Ltd. V. Shaileshkumr Harshadbhai Shah (2006) 6 SCC 548 and claimed parity, if not fully exonerated. 10. Shri Arjun Garg, learned counsel appearing for the respondent State, submitted that there is no illegality in the views expressed by the learned single Judge and the Division Bench calling for any interference. Further, it was pointed out that since the appellant, being a member of a disciplined force, should not have involved in such an incident and his tacit approval could not be brus ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nt which is disproportionate, i.e., lesser punishment for serious offences and stringent punishment for lesser offences. 13. The principle stated above is seen applied in few judgments of this Court. The earliest one is Director General of Police and Others v. G. Dasayan (1998) 2 SCC 407, wherein one Dasayan, a Police Constable, along with two other constables and one Head Constable were charged for the same acts of misconduct. The Disciplinary Authority exonerated two other constables, but imposed the punishment of dismissal from service on Dasayan and that of compulsory retirement on Head Constable. This Court, in order to meet the ends of justice, substituted the order of compulsory retirement in place of the order of dismissal from s ..... X X X X Extracts X X X X X X X X Extracts X X X X
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