ONKAR PANDEY Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) This writ application has been filed for issuance of appropriate writ in the nature of certiorari for quashing the order dated 9.8.2008 (Annexure 4) whereby disciplinary authority passed the order of punishment reducing the salary of the petitioner to the minimum pay scale in the cadre for three years and also for quashing the order dated 12.1.2009 (Annexure 6) whereby Deputy Inspector General of Police affirmed the order passed by the disciplinary authority.

(2.) Dr.S.N.Pathak, learned counsel appearing for the petitioner submitted that the disciplinary authority having found the petitioner guilty of the charge passed the order of punishment whereby petitioner 's salary has been reduced in the lowest pay scale of the cadre which punishment has never been prescribed under Rule 824 of the Police Manual where one of the modes of the punishment is reduction in rank and not reduction in scale and keeping in view this aspect of the matter, Patna High Court in a case of Om Prakash Thakur vs. State of Bihar and others (C.W.J.C No.15205 of 2001) quashed the order whereby the petitioner of that case had been inflicted with the same punishment of lowering down of the scale for three years.

(3.) Thus, it was submitted that order of punishment passed by the disciplinary authority and also by the appellate authority are fit tobe set aside.