IMPORTANT POINT
Disciplinary authorities have discretion in imposing penalties, and differing penalties for similar misconduct are permissible unless arbitrary or unjust.

JUDGMENT :

SOUMITRA SAIKIA, J.

Heard Mr. I. Rafique, learned counsel for the petitioner. Also heard Mr. M. Bhattacharjee, learned Addl. Senior Government Advocate, Assam, appearing for the respondents.

2] This writ petition is directed against the impugned order of dismissal dated 31.12.2021, passed by the Superintendent of Police, Lakhimpur-Cum-Disciplinary Authority, North Lakhimpur, Assam in Departmental Proceeding No. 02/2020 vide Memo No. NL (R)/DP/ 02/2021/ 12258-67, dated 31.12.2021 as well as the impugned order dated 26.04.2022, passed by the Inspector General of Police, Northern Range, Tezpur, District- Sonitpur, Assam vide Memo No. NR/D.P./2022/1083-86, dismissing the appeal, preferred by the petitioner against the order of dismissal.

3 ] The petitioner at the relevant point of time was employed as General Railway Police Force Constable. Pursuant to an FIR lodged by the informant, who was travelling by train alleged that the petitioner and two other G.R.P.F. personnel that they had snatched away a quantity of gold from the said informant, the FIR was registered as GRPS Case No. 24/2020 under Sections 386/34 IPC. Pursuant to the investigation carried on, the petitioner and the other two railway personnel were detained in custody. The petitioner was, however, subsequently enlarged on bail on orders passed by this Court.

4 ] In view of his detention in custody as well as the in the case of the allegation made, the Superintendent of Police, Pandu, Assam, issued a show cause notice to the petitioner raising allegation that there are materials to suggest that the petitioner had attempted to unauthorisedly take away 1 KG of gold from the informant on 01.02.2020. This act was seen as a tantamount to gross misconduct and dereliction of duty and gross irregularity for punishment as per procedure of law. The said show cause notice was accompanied by a list of documents and the statement of allegations. The petitioner had submitted his written statement againsts the said show cause notice. Not being satisfied with the explanations given by the petitioner for his defense, the Disciplinary Authority instituted Departmental Proceedings being D.P. No. 02/2020 and appointed both the Enquiry Officer as well as the Presenting Officer. Pursuant to the initiation of the Enquiry Proceeding, the petitioner, who was under suspension, was also reinstated in service. Pursuant to the enquiry conducted by the Enquiry officer appointed, the charges made against the petitioner and two other railway personnel namely ASI Sri Shrawan Kr. Jha and UBC 121 Bulbul Haque Choudhury have been proved by the Enquiry Officer.

5 ] Pursuant to the submissions of the enquiry report, the petitioner was again put to show cause by the disciplinary authority requiring him to submit his reply as to why any of the major penalty prescribed under the Assam Services (Discipline and Appeal) Rules, 1964 (hereinafter referred to as “ the Rules of 1964 ”) should not be imposed. The petitioner accordingly submitted his reply praying before the authority that the punishment proposed to be imposed ought not to be imposed in view of the facts and circumstances of the case.

6 ] Upon due consideration of his reply, the disciplinary authority namely the Superintendent of Police, Lakhimpur by order dated 31.12.2021 imposed a major punishment of “dismissal from service” of the petitioner.

7 ] Being aggrieved, the petitioner preferred an appeal before the appellate authority. The appellate authority also by order dated 26.04.2022 dismissed the appeal preferred by the petitioner. Being aggrieved, the petitioner is before this court

8 ] Learned counsel for the petitioner submits that this writ petition is filed seeking a direction to the respondents to consider the case of the petitioner and pass appropriate order on the ground of parity in so far as one of the GRPF perso