The central legal point established in the judgment is that the punishment imposed should be proportionate to the offense committed.

( 1 ) THIS writ petition has been filed against the impugned order of dismissal dated 23. 1. 1987 annexure-7 to the petition and the order dated 30. 10. 1987 dismissing the appeal vide annexure-8 to the writ petition and the impugned order dated 12. 11. 1993 passed by the U. P. Public Service Tribunal Annexure-9 to the petition dismissing the petitioners claim petition.

( 2 ) HEARD learned counsel for the parties.

( 3 ) THE petitioner was appointed as constable in the year 1980 after a selection against a permanent post in the G. R. P. constable cadre. It is alleged in paragraph 2 of the petition that he served the department sincerely, honestly and diligently at Fatehpur railway station. However, on 24. 4. 1986 the petitioner was served with a charge-sheet by the Dy. S. P. , Railways, Varanasi, alleging that on 10. 1. 1986 the petitioner was on duty on three platforms, i. e. , platform Nos. 1, 2 and 3 at Fatehpur railway station from 6 p. m. to 12 night. On that very day. i. e. , on 10. 1. 1986 at about 11. 24 p. m. Toofan Express came from Kanpur and stopped for five minutes at Fatehpur station. One Smt. Lilawati who was suffering from labour pain alighted al Fatehpur railway station along with her luggage, but her husband could not get down from the train at Fatehpur and the train started. It is alleged that Smt. Lilawati was tortured and murdered but the petitioner did not report about this incident although he arrived back from his duty at 0. 15 a. m. on 11. 1. 1986 at G. R. P. station Fatehpur. It is alleged that due to his negligence, Smt. Lilawati was misbehaved with and murdered. True copy of the charge-sheet is Annexure-1 to the petition. In paragraph 4 of the petition it is stated that there is no mention in the charge-sheet about the time and place of the incident and the details about the alleged misbehaviour with Smt. Lilawati.

( 4 ) ON receiving the above charge-sheet the petitioner moved applications dated 29. 4. 1986. 30. 4. 1986 and 14. 5. 1986 before the enquiry officer to supply him the copies of the preliminary enquiry report, statement of witnesses therein, general diary entries and other papers connected with the murder case, panchayatnama. F. I. R. , statement of complainant Nanak Prasad and those of witnesses before the C. I. D. True copies of the applications are Annexures-2. 3 and 4 of the petition. However, it is alleged in paragraph 6 of the petition that the enquiry officer only allowed the petitioner to make inspection of the preliminary enquiry file but the copies of the documents demanded by the petitioner was not supplied nor he was allowed to inspect those documents. In paragraph 7 of the petition, it is alleged that the petitioner also requested the enquiry officer for summoning the complainant Nanak Prasad husband of Smt. Lilawati but this request was also turned down.

( 5 ) IN these circumstances, the petitioner submitted a reply to the charge-sheet on 14. 10. 1986. True copy of the reply is Annexure-5.

( 6 ) IN paragraph 9 of the petition, it is alleged that the enquiry officer without placing on record the petitioners explanation to the charge-sheet and without summoning Nanak Prasad. submitted his report to the Superintendent of Police on 31. 12. 1986 vide Annexure- 6 to the petition. The superintendent of Police, G. R. P. then issued a show cause notice to the petitioner along with the enquiry report and the petitioner submitted reply vide Annexure-6 (A ). Thereafter the superintendent of Police. G. R. P. passed the impugned order dated 23. 1. 1987 dismissing the petitioner vide Annexure-7 to the petition. The petitioners appeal before the D. I. G. was rejected on 30. 10. 1987 vide Annexure-8 to the petition. The claim petition before the Tribunal was also dismissed vide Judgment dated 12. 11-1993. True copy of the Judgment is Annexure-9 to the petition. True copy of the F. I. R, is Annexure-10 to the petition.

( 7 ) IN paragraph 14 of the petition, it is alleged that the