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PATNA HIGH COURT
R.M.Lodha and Kishore K.Mandal JJ.
State Of Bihar
Versus
Yogendra Singh
Letters Patent Appeal No. 119 of 2008 ;
Decided On : JULY 1, 2008
Exoneration - Disciplinary Charges - Similarity of Charges
Fact of the Case:
The respondent-writ petitioner was charged with allegations similar to those charged against another person, who was subsequently exonerated by the disciplinary authority.
Finding of the Court:
The court found that there was no justification in holding the charges proved against the respondent, especially considering the exoneration of the other person facing similar charges.
Issues: Exoneration of another person facing similar charges, justification of charges against the respondent, and the punishment imposed.
Ratio Decidendi: The court's decision was influenced by the exoneration of another individual facing similar charges, leading to the conclusion that the charges against the respondent were not justified.
Final Decision: The Letters Patent Appeal was dismissed, affirming the decision that the charges against the respondent were not proved and the punishment imposed was not justified.
1. We heard Mr. P.K. Shahi, Advocate General, and perused the available material. It is not disputed by the Advocate General that the substance of allegation with which the sole respondent-writ petitioner was charged, one more person viz., the Junior Engineer Abdul Qaiyum Ansari was also charged. The Advocate General submits and, in our view, fairly that the charges against Abdul Qaiyum Ansari were held not proved and he was exonerated by the disciplinary authority.
2. We are afraid, if for almost identical charges, the Junior Engineer has been exonerated by his disciplinary authority, there was no justification in holding the charges proved against the present respondent and punishing him with stoppage of one increment with cumulative effect, censure for the year 1999-2000 and that the delinquent would be entitled to subsistence allowance only during the period of suspension. Consideration of the matter by the Single Judge cannot be said to suffer from any legal infirmity justifying interference by us.
3. The Letters Patent Appeal is, accordingly, dismissed in limine.
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