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 from the regular driver who was the

co-delinquent. The petitioner / non-appellant could not stop the vehicle and

thereby caused an accident in which one person died. The charges levelled

against the petitioner are quoted hereunder :-

"That the said no. 901343856 N/Asstt. Surendra Kumar Sharma while

performing the duties of N/Asstt. On 23rd July 2002 committee

remissness in the discharge of his duties in his capacity as a member

of the Force U/s 11(1) of CRPF Act 1949 in that while travelling in

CRPF Gypsy Veh. Regn. No. DL-4 CA-6075 on 23/07/02 from petrol

pump from petrol pump to Hospital of G.C. CRPF, Allahabad made a

request to the driver of the said vehicle to drive the said vehicle, and

shifted himself from the co-driver's seat in front to the driver's seat,

and took the control of steering of vehicle in his hand without having

any valid or any authority to drive this Government Vehicle, which

resulted in an accident near G.C. CRPF, Hospital, Allahabad on

23/07/02, in which the said vehicle Regn. No. DL-4 CA-6075 got

damaged and no. 921274868 Ct./GD Shyam.H. Variale of G/21 Bn.

CRPF died, which is prejudicial to good order and discipline of the

Force."

The charge aforesaid was found proved and finding it to be a misconduct of

serious nature, the punishment of dismissal from service was inflicted.

The co-delinquent was also served with the charge-sheet containing different

charges. The allegation against him was for giving the vehicle to the petitioner /

non-appellant without ascertaining as to whether he is holding a valid driving

license or not. The allegations against two delinquents were substantially

different.

Learned Single Judge without adverting the allegation contained in the charge-

sheet in regard to their delinquency only referred to the rule under which charge-

sheet was served for disobedience, neglect of duty and remissness. The writ

petition was allowed with a direction to inflict punishment on the petitioner /

non-appellant as was inflicted on the co-delinquent. It is after referring to

several judgements of different Courts. The learned Single Judge did not refer to

the charges containing in the charge-sheet to the co-delinquent with whom

comparison of punishment was made. Para 6 of the impugned judgement refers

to the allegation against the petitioner / non-appellant for disobedience, neglect

of duty and remissness but the judgement does not refer to factual allegation

against the co-delinquent so as to make out the basis to apply doctrine of

equality.

The charges levelled against the petitioner / non-appellant were severe and

because of his act, a person died apart from damages to the property whereas no

such charge was levelled against the co-employee. The comparison of the

punishment cannot be ma