UMESH PATHAK SON OF LATE NIT NARAYAN PATHAK Vs. STATE OF BIHAR THROUGH THE CHIEF SECRETARY GOVT OF BIHAR PATINA

JUDGEMENT

(1.) Heard learned counsel for the petitioner and the State.

(2.) In this case, petitioner has challenged the order of punishment dated 19th September, 1994 (Annexure-6 to the writ petition) where by and whereunder he has been dismissed from service on the ground of committing misconduct. The appeal preferred by the petitioner was rejected by order dated 3rd January, 1996 (Annexure-7 to the writ petition) by the Deputy Inspector General of Police, Munger and the Memorial preferred by the petitioner was also rejected, vide order dated 3rd June, 1998 (Annexure-8 to the writ petition) passed by the Director General of Police, Bihar.

(3.) Basically the petitioner is challenging the quantum of punishment on the ground that for the same and serious charges, the higher authority who was also a party to the said episode was awarded minor, punishment whereas petitioner, who was a literate constable having not entered the entries in the Station Diary seizure of truck loaded with goat and detention of goat merchant has been dismissed from service which is completely arbitrary and violative of Article 14 of the Constitution of India.