LAWS(JHAR)-2012-2-76

LALAN KUMAR SINGH Vs. STATE OF JHARKHAND

Decided On February 01, 2012
LALAN KUMAR SINGH Appellant
V/S
STATE OF JHARKHAND Respondents

JUDGEMENT

(1.) The present writ petition has been preferred against an order, passed by respondent no. 4, Commandant, Jharkhand Armed Police-4, Bokaro, dated 30th September, 2009, which is at Annexure 3 to the memo of petition, whereby, the punishment, inflicted upon the petitioner of dismissal from service, has been re-affirmed, after the order passed in a writ petition being W.P.(S) No. 2757 of 2003, dated 5th March, 2009.

(2.) Learned counsel for the petitioner submitted that looking to the nature of misconduct, the punishment inflicted upon the petitioner is shockingly disproportionate.

(3.) Learned counsel for the respondents submitted that previously against the very same punishment, a writ petition being W.P.(S) No. 2757 of 2003 was instituted by this petitioner, wherein, vide order dated 5th March, 2009 it was ordered to reconsider the quantum of punishment and in pursuance of the said order, the respondents have again considered the case of the petitioner and a detailed speaking order dated 30th September, 2009 has been passed by the Commandant, Jharkhand Armed Police-4, Bokaro and looking to the seriousness of the misconduct that the petitioner had entered into the house of one Sri Mahesh Shukla and with his daughter he had illicit relation, he has been dismissed from service. It is further submitted by the learned counsel for the respondents that several witnesses have been examined during course of inquiry and adequate opportunity of being heard was also given to the petitioner and, thus, there is no procedural defect in holding the inquiry and, thereafter the petitioner was again given an opportunity of being heard and initially the order was passed on 8th February, 2002, in which also the petitioner was dismissed and thereafter, the petitioner preferred a departmental appeal, which was also dismissed on 28th July, 2002 and thereafter, the aforesaid writ petition being W.P.(S) No. 2757 of 2003 was preferred and in pursuance of the order, passed by this Court in the said writ petition, again the case of the petitioner was reconsidered on the quantum of punishment and again the order of dismissal has been passed. The quantum of punishment, looking to the nature of misconduct, thus, cannot be labelled as shockingly disproportionate nor it is unreasonably excessive and hence this writ petition deserves to be dismissed.