Advocates:
['PREM NARAYAN RAI', 'LALLAN PRASAD SINGH', '', 'GYANENDRA SINGH KANAUJIYA']

Court No. - 29

Case :- SPECIAL APPEAL No. - 830 of 2018

Appellant :- Union Of India And 5 Ors

Respondent :- Surendra Kumar Sharma

Counsel for Appellant :- Prem Narayan Rai

Counsel for Respondent :- Lallan Prasad Singh,Gyanendra Singh Kanaujiya

Hon'ble Munishwar Nath Bhandari,Acting Chief Justice

Hon'ble Rajendra Kumar-IV,J.

Heard learned counsel for the State-appellants and learned counsel for the

respondent.

By this appeal, a challenge is made to the judgement dated 22.05.2018 whereby

the writ petition preferred by the petitioner / non-appellant was allowed. The

writ petition was filed to challenge the order of punishment of dismissal from

service and subsequent orders on appeal and revision. The learned Single Judge

caused interference in the order of punishment by applying doctrine of equality

in punishment. It is in reference to the punishment to co-delinquent who was

given lesser punishment.

The fact of the case shows that petitioner / non-appellant was served with a

charge-sheet containing various charges. The substance of the charges levelled

against the petitioner / non-appellant was for driving a vehicle having no valid

license. It was after taking over the vehicle fr