SHUSMA DEVI Vs. STATE OF BIHAR

JUDGEMENT

(1.) Original Petitioner Baban Singh who was a constable under the Respondents is no more. Matter is now being pursued by his wife as a legal representative. The so-called acts of omission and commission was committed by him and one Kaushal Kishore Singh on 30.1.1990 while being posted in the district of Nawadah. A departmental proceeding was initiated which led to dismissal of Baban Singh. Order of dismissal passed by the disciplinary authority is Annexure-1 dated 31.12.1993. Thereafter, the appeal and the memorial also have been rejected. Baban Singh died during the pendency of the writ application but the Court allowed the substitution petition because the wife wants to fight against the so-called injustice and for the restoration of undone the honour of her husband.

(2.) Besides the other submissions with regard to the punishment and the proceeding, learned Counsel for the Petitioner has now brought to the notice of this Court an order passed by the disciplinary authority in the matter of Kaushal Kishore Singh who too was proceeded against and charged for identical misdemeanor as the erstwhile Petitioner. For one reason or the other case of Kaushal Kishore Singh remained in the cold storage and dragged on for many a years. Final order in his case could not be passed. However, the disciplinary authority vide order dated 4.11.2000 which has been brought on record as Annexure-10, taking a sympathetic view decided to impose a diluted kind of punishment which was to withhold three increments amounting to three black marks.

(3.) Contention of the learned Counsel is that two yardsticks adopted by the Respondents with regard to the same transaction or charge is a case of discrimination. If Kaushal Kishore Singh could be allowed to get away with a relatively minor punishment, then there is no reason as to why the husband of the Petitioner has been ordered to be dismissed on similar kind of findings or the charges. If withholding of annual increments for three years was good enough for Kaushal Kishore Singh for his act of indiscipline, then a similar view ought to be taken with regard to the husband of the Petitioner who was imposed the ultimate punishment of dismissal.