Under Art 226, High Courts cannot re-appreciate evidence or question punishment proportionality in disciplinary matters unless procedural violation or shockingly disproportionate; equality applies only to identical facts/charges.

ORDER :

SRI ANANDA SEN, J.

1. Heard learned counsel for the petitioner and learned counsel for the respondents.

2. Petitioner, in this writ petition, has prayed for the following reliefs:-

(i) For issuance of a Writ in the nature of Certiorari for quashing the Office order dated 14.09.2021 passed by Inspector General of Police, Bihar Sector, C.R.P.F., Patna (Ann.-6) whereby and whereunder the representation filed by the petitioner pursuant to order dated 18.01.2021 passed in W.P.S. No.210/2007 by Hon’ble Mr. Justice Deepak Rosha this Hon’ble Court has been rejected on the ground that no case of discrimination is made out as petitioner’s case is different from that of other personnel except Harbhajan Singh who already stood dismissed; And,

(ii) For issuance of a Writ in the nature of Certiorari for quashing the order dated 01.10.2001 (Ann.-1) passed by Commandant, 114 Battalion, C.R.P.F., Pani, Kamrup, Assam whereby and whereunder the petitioner was dismissed from service; And,

(iii) For issuance of a Writ in the nature of Certiorari for quashing the order dated 31.12.2001 (Ann.-2) passed by Deputy Inspector General of Police, C.R.P.F., Jamshedpur whereby and whereunder the petitioner’s appeal against the order dated 01.10.2001 passed by Commandant, 114 Battalion, C.R.P.F., Pani, Kamrup, Assam was rejected; And,

(iv) For issuance of a Writ in the nature of Certiorari for quashing the order dated 14.03.2005 (Ann.-4) passed by Inspector General of Police, Bihar Sector, C.R.P.F., Patna whereby and whereunder the revision filed by petitioner against the appellate order dated 31.12.2001 passed by the Deputy Inspector General of Police, C.R.P.F., Jamshedpur as well as dismissal order dated 01.10.2001 passed by Commandant, 114 Battalion, C.R.P.F., Pani, Kamrup, Assam was rejected; And

(v) For issuance of writ in the nature of Mandamus commanding upon Respondent No.2 to objectively reconsider the petitioner’s case since he has been discriminated by the respondents by treating his case at par with main accused instead of comparing the misconduct with those who were similarly situated and let off with lesser punishment;

2. A chargesheet was issued to the petitioner while he was posted at Kamrup, Assam, on two counts that the petitioner did not attempt to take his weapon or did not prevent constable Harbhajan Singh from going towards room of Assistant Commandant and the secondly that the petitioner failed to alert his guard commander or any other guards knowing fully well that constable, Harbhajan Singh fired on Assistant Commandant. For the self- same occurrence, a criminal case was also instituted against the petitioner and others wherein petitioner was discharged by the Chief Judicial Magistrate, Guwahati. The petitioner was held guilty of the charges and the Disciplinary Authority vide order dated 01.10.2001 dismissed the petitioner from service. Appeal preferred by the petitioner against his order of dismissal was also dismissed by an order dated 31.12.2001. Challenging the said orders, the petitioner had moved before this Court in W.P.(S) No.6498 of 2004 and the same was dismissed on the ground that the revision filed by the petitioner against the orders passed by the Disciplinary Authority and Appellate Authority was still pending with a direction to the Inspector General of Police, Bihar Sector, C.R.P.F., Patna to dispose of the revision as expeditiously as possible, preferably within a period of three months. The