HANSARIA, J.

( 1 ) THE following question of law has been referred for our decision:-"whether it is open to a High Court in a writ proceeding to set aside an order of punishment if the same be, according to it, arbitrary or grossly excessive or out of all proportion to the offence committed; and if so, can it substitute any other punishment in its place which, in its opinion, be just and proper in the circumstances of the case?"

( 2 ) THE aforesaid reference has come to be made in these circumstances : A view was taken by a Bench of two Judges in two unreported decisions of this Court, namely, Gopinath Das v. State of Orissa (O. J. C. No. 146 of 1985 disposed of on 12-10-1990) and Ramachandra Routray v. Anil Kumar Mukherjee (O. J. C. No. 1679 of 1989 disposed of on 23-10-1990), that it is open to the High Court to interfere with the quantum of punishment imposed by a disciplinary authority following a departmental enquiry where the High Court be of the view that the punishment is shockingly disproportionate, viewed in the background of the gravity of the charges. This view was taken in the aforesaid two O. J. Cs. relying on the decisions of the supreme Court in Bhagatram v. State