BHARAT SINGH Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard the counsel for the parties.

(2.) This appeal is directed against the judgment dated 27.4.2009 passed in W.P.(S) No. 1553 of 2004 whereby the learned Single Judge dismissed the writ petition. For better appreciation, the impugned judgment reads as under:

(3.) Mr. Pathak, learned counsel appearing for the appellant assailed the impugned judgment and also the order of punishment mainly on the ground that departmental proceeding was initiated against two constables having similar allegations but against one of the constable lesser punishment had been imposed by withholding two annual increment but in case of the appellant harsh punishment was imposed by dismissing him from service. This court, on the last date after hearing the parties, directed the State counsel to seek instruction as to why such disproportionate and discriminate punishment has been awarded so far the appellant is concerned.