IMPORTANT POINT
The court established that judicial review of disciplinary actions is limited to cases of gross disproportionality in punishment, reinforcing the authority's discretion in maintaining discipline within the forces.

JUDGMENT :

I.A. No.1049 of 2023

1) Having heard the learned counsels for the parties and being satisfied with the grounds shown in the limitation petition, the delay of 12 days in filing the appeal is condoned.

2) Accordingly, I.A. No.1049 of 2023 stands allowed and disposed of.

L.P.A. No. 42 of 2023

Prayer

3) This intra-court appeal is directed against the order dated 06.12.2022 passed by the learned Single Judge in W.P. (S) No. 660 of 2021, whereby and whereunder the writ petition has been dismissed by declining to interfere with the order dated 15.10.2019 passed by the Commandant-cum-Disciplinary Authority, whereby the Disciplinary Authority imposed punishment of reduction of pay by two stages from Rs.33,300/-to 31,400/-for a period of two years with a direction that during the period of reduction the appellant will not earn increment of pay and that on expiry of this period the reduction will have effect on postponing his future increment of pay. Further, the appellate order dated 19.01.2020 as also the revisional order dated 26.05.2020 has also been sought to be quashed by which the order dated 15.10.2019 passed by the Disciplinary Authority has been affirmed.

Facts

4) The facts leading to initiation of the departmental proceeding and the impugned punishment are that the appellant while discharging his duties at BCCL Area No.6, Dhanbad on 19.07.2019 in the 2nd shift, he was provided with 7.62 M.M. SLR Butt No.382 with 100 round 7.62 M.M. (98 live and 02 blank round) and 05 magazine.

5) It is further evident that in course of the duty at 17:15 hours when some women and children came to steal coal, he drove them away from the coal dump and during the course of drive away, from the SLR of the appellant, one magazine with 18 live round and 02 blank round fell down somewhere in that area. The aforesaid fact came to his knowledge when the appellant physically checked his SLR.

6) He immediately informed the Shift In-charge, but considering the said lapses of the appellant, the departmental proceeding has been initiated by framing the regular charge of negligence in discharging the duties without any sincerity.

7) The appellant had appeared before the Enquiring Officer. He has availed the opportunity. The Enquiring Officer had found the charge proved. The enquiry report was referred before the Disciplinary Authority who on acceptance of the enquiry report has passed an order on 15.10.2019 whereby imposing punishment of reduction of pay by two stages from Rs.33,300/-to 31,400/-for a period of two years with a direction that during the period of reduction the appellant will not earn increment of pay and that on expiry of this period the reduction will have effect on postponing his future increment of pay.

8) The appellant against the said order preferred an appeal as also revision which were dismissed vide orders dated 19.01.2020 and 26.05.2020 respectively.

9) Being aggrieved by the said orders, the appellant preferred W.P. (S) No.660 of 2021, however, the learned Single Judge considering the nature of allegation has declined to interfere with the order of punishment by dismissing the writ petition.

10) Before the learned Single Judge, the issue of punishment said to be not in consonance with the charge was also raised, but even the same has not been found proper to be considered so as to interfere with the order of punishment on the ground of punishment being excessive.

Submission of the learned counsel for the appellant

11) Mr. Saibal Mitra, learned counsel appearing for the appellant, has submitted in the course of the argument that he is only raising the sole propriety of the order whereby and whereunder the learned Single Judge has not interfered with the quantum of punishment.

12) The learned counsel has further submitted that the appellant has already put in 15 years of service which was unblemished and without any complaint from any quarter and whatever incidence took place based upon which the memorandum of charge has been issued, the sam