Important Point
It is true that delinquent officers similarly situated should be dealt with similarly and there if charges against employees are identical, it is desirable that they be dealt with similarly . Quantum of punishment imposed on a delinquent employee by appointing authority, however, depends upon several factors. Conduct of delinquent officers as also nature of charges play a vital role in this behalf .

judgment

S.B. Sinha, J. —

1.Leave granted.

2.Appellant herein was working as a writer constable in the Bihar Military Police at Bokaro Steel City. A Departmental proceeding was initiated against him on the following imputation of charges :

(1)While he was posted in March 1985 in C Company made an entry in general diary with regard to arrival of S.I. (S), R.B. Sahu, Company Commander on 28.3.1985. Before opening the diary, column in which details of Ohededar and officers are being filled, he shown presence of S.I. (S) Sahu at the company head quarter, but on the same day, as per the entry No.700 his arrival is shown at 8.45 Oclock. This entry No.700 was recorded two times, on first time it was 8.45 and on second time it was at 9.30. Entry No.700 recorded at 8.45 is certainly inserted later on.

(2)According to his statement when he was posted at Dhanbad with his C Company, he was out from the company headquarter from 14.12.84 to 16.12.84 and from 9.1.85 to 12.1.85 as per the order of Company Commander, Sh. Sahu. Despite the same he shown his presence in Company Headquarter and claimed for food allowance and obtained the same.

(3)From C Company Aurangabad he was directed by Command No.227376 with constable 576 Kaushal Kumar and Vahini Mukhyalaya. He alsong with Constable No.576 Kaushal Kumar returned on 24.3.84, their arrival is shown on 26.3.85 at 9.00 a.m. On the voucher of food allowance for the said period payment was made and obtained which is a forgery.”

3.In the said departmental proceeding, he was found guilty of all the charges. He admitted the charges in relation to charge No.2. He was found guilty of other charges also. The appointing authority, relying on the report of the Enquiry Officer, passed a final order on or about 31.8.1987 dismissing him from service.

4.An appeal preferred thereagainst was dismissed by the Director General of Police, Bihar, Patna. In the said appeal, one of the contentions raised by the appellant was that in a departmental proceeding involving one Kaushal Kumar who was also found guilty of identical charges, a lenient view was taken. Appellate authority in its order dated 9.8.1989 in that behalf opined :

“The illustration given by the charge sheeter constable regarding other departmental proceeding No.22/87 of BMP-4 against constable 576 Kaushal Kumar Singh is wrong. Constable Kaushal Kumar Singh has made an effort to raise a voice against the illegal act of commanding officer of that time. Company Commanding Police Inspector Ram Bhakt Sahu was punished also. Hence charge sheeted Constable and Constable 576 Kaushal Kumar Singh case is not similar.”

5.Appellant, challenging the legality of the said order, filed a writ petition in the High Court of Judicature at Patna which was marked as CWJC No.9945 of 1996.

A learned Single Judge of the said Court dismissed the said writ petition opining :

“As a matter of fact, Babban Ram was deputed as orderly to the Deputy Commandant, whereas the petitioner was the Writer Constable who was responsible for the entry in the Register regarding Diet allowances and, therefore, the charges against the petitioner were grievous in nature and, as such, the punishment has been awarded to him considering the gravity of the charges. The petitioner was provided full opportunity to defend his case and the departmental enquiry was held in fair and proper manner.

I have carefully gone through the recommendation of the Conducting Officer as well as the order passed by the disciplinary authority as contained in Annexure-4 to the writ application and also the order passed by the appellate authority as contained in Annexure-8 and 8/1 to the writ application. I find that the learned disciplinary authority as well as the appellate authority have carefully examined the materials on record and after appreciation of evidence, they have come to a definite finding on the basis of facts on record that the charges against the petitioner was fully established and, therefore, he was found to be gui