DEPUTY INSPECTOR GENERAL Vs. RAM MOHAN NATH SINGH

JUDGEMENT

(1.) Heard learned counsel for the parties. This intra Court appeal has been preferred against the order dated 18.8.2003 passed in C.W.J.C. No. 2329 of 1995(R) whereby learned Single Judge of this Court after upholding the finding of guilt of the writ petitioner-respondent interfered in the award of the punishment of removing the petitioner from service and only part of the order passed in the departmental proceeding, obviously, of inflicting punishment has been quashed and the matter has been remanded to the disciplinary authority to impose reasonable and suitable punishment for the charges levelled against the petitioner,

(2.) Learned counsel for the appellant submitted that the petitioner was earlier punished 13 major/minor punishments during a short period of 8 years of his service only, then he threatened one of the constable namely Mr. L Tirkey by pointing out a long knife (Gupti) with dire consequences. He also threatened that he will kidnap the wife and children of the said constable Mr. L. Tirkey.

(3.) It is submitted that when the departmental proceeding was fair and in the departmental proceeding one has been punished and appeal against that order of punishment has been dismissed, in that case punishment can be interfered only when quantum of punishment was shockingly disproportionate to the delinquency and for that purpose, the Court is required to record reasons how it is shockingly disproportionate and excessive to the guilt whereas, in the impugned judgment when no reason has been assigned. It is also submitted that it appears that this aspect has not been brought to the notice to the learned Single Judge that the petitioner was already punished on 13 occasions earlier with minor or major punishments in a very short period of his service of 8 years. It is also submitted that the act of a person, holding the post of constable in Central Industrial Security Force (C.I.S.F.) and giving threatening with the long knife itself would be sufficient for passing the order of removal from service.