SHANKER DAN Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The only grievance raised by the learned Counsel for the petitioner in this writ petition is that the petitioner and Shri Bajrang Singh were held guilty in the Departmental Enquiry almost on the identical charges but the punishment imposed upon the petitioner is more harsh than that was imposed upon Shri Bajrang Singh. The penalty of removal from service has been imposed upon the petitioner while the penalty of stoppage of one annual grade increment with cumulative effect has been imposed upon Shri Bajrang Singh, which is discriminatory.

(2.) The Departmental Enquiry was held against the petitioner Shanker Dan and one Bajrang Singh for creating nuisance near the house of Rawat Singh situated in Laxmi Nagar Area of the city of Barmer aftertaking liquor alongwith two other persons. In a Departmental Enquiry, the petitioner as well as Bajrang Singh were found guilty and the punishment of removal from service was imposed on both these persons. Both these persons preferred an appeal before the Deputy Inspector General of Police, Jodhpur Range, Jodhpur, who allowed the appeal filed by Bajrang Singh and while maintaining the finding of the guilt, he reduced the punishment imposed upon Bajrang Singh from the removal from service to that of stoppage of one annual grade increment with cumulative effect while the appeal of the petitioner was dismissed. When the petitioner came to know regarding the judgment in the appeal filed by Bajrang Singh, he filed a review petition Annexure.9 before the State Government. In Annexure.9; it was specifically averred: ...[VERNACULAR TEXT OMITTED]...

(3.) In the result, I allow this writ petition and remand the case to the State Government to reconsider the case of the petitioner regarding imposition of penalty, only, in the light of the objections raised by the petitioner in ground of the review petition and the punishment imposed in the case of Bajrang Singh.