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2007 DIGILAW 464 (PAT)

Deo Narain Kanth v. State Of Bihar

2007-03-01

BARIN GHOSH

body2007
Judgment Barin Ghosh, J. 1. Not only I am bound but I think the petitioner as well as the State Government are bound by a Division Bench Judgment rendered in the previous round of litigation inter se the petitioner and the State Government, which Judgment has been permitted to reach its finality. 2. The petitioner while in service of the State Government was convicted for an offence committed outside the scope of his duties. The petitioner was convicted for three months under Sec. 448 & 380 of Indian Penal Code. 3. Inasmuch as the petitioner was convicted, the State Government dismissed the petitioner from the services of the State Government. This order of dismissal was challenged in the earlier writ petition which ultimately was decided by a Division Bench in LPA No. 176/1999. The Division Bench felt that apart from dismissal, a lesser punishment as that of compulsory retirement, etc. could be awarded to the petitioner in the instant case. 4. By the order impugned in the present writ petition, the petitioner instead of being dismissed has been compulsorily retired. 5. The learned Counsel appearing in support of the writ petition submitted principally that it was well within the competence of the State Government to grant a lesser punishment to the petitioner inasmuch as the Division Bench while using the word "compulsory retirement" also used the word "etc" immediately after the word "compulsory retirement". Therefore, any other lesser punishment Could be given by the State Government and it was not necessary for the State Government to award a punishment of compulsory retirement. 6. The Division Bench felt, as would be evidenced from the order of the Division Bench, that a punishment of compulsory retirement is a lesser punishment than dismissal. The Division Bench felt that a lesser punishment as that of compulsory retirement would suffice. It is true that the Division Bench also used the word "etc" and thereby indicated that compulsory retirement or any other similar punishment may be awarded. Apart from termination, dismissal and discharge, there is no other punishment in the rules which is equivalent to compulsory retirement. Therefore, in sum and substance, the Division Bench by its order directed conversion of the order of dismissal into an order of compulsory retirement. Apart from termination, dismissal and discharge, there is no other punishment in the rules which is equivalent to compulsory retirement. Therefore, in sum and substance, the Division Bench by its order directed conversion of the order of dismissal into an order of compulsory retirement. This order of the Division Bench having reached finality, I do not think any of the parties bound by the said order of the Division Bench can express any grievance in relation thereto or in relation to implementation of the directions contained in the said order. 7. The writ petition accordingly fails and the same is dismissed.