ORDER :

1. This appeal is directed against the judgment of the High Court of Allahabad interfering with an order of punishment inflicted upon the respondent in a disciplinary proceedings. Admittedly, the respondent was an Assistant Warder and the allegation against him was that he along with four other Assistant Warders beat one Shivdan Singh, and even though the senior officers disuaded them, they never listened to that. These allegations were proved in a departmental proceedings and the disciplinary authority passed the order of dismissal so far as the present respondent is concerned, though in respect of some others, he passed the order of stoppage of five increments. The respondent assailed the legality of the order by approaching the Public Service Tribunal. The Tribunal having refused to interfere, he approached the High Court. The High Court came to the conclusion that the charges and the delinquency being same and identical, and all the employees having been served with a set of charges out of the same incident, there was no justifiable reason to pass different orders of dismissal cannot be sustained. The High Court consequently set aside the order of dismissal and directed