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2016 DIGILAW 507 (JHR)

Union of India v. Miraz Ahmad Son Of Kalimilla Khan

2016-03-19

SHREE CHANDRASHEKHAR

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JUDGMENT Shree Chandrashekhar, J. - In the review petition, the petitioners have taken the following grounds: 1. "For that Hon'ble Single Judge has not considered that petitioner/Respondent joined in the service on 23.04.1992 and removed on 18.10.2001? 2. For that it is fact that petitioner/Respondent has not completed 10 years service till date of removal/from his date of appointment. 3. For that whole judgment has been passed on the assumption that petitioner/Respondent has served more than 10 years service. 4. For that other and further grounds will be urged at the time of hearing of this Civil Review." 2. Mr. Binod Singh, the learned counsel for the petitioners contends that the foundation on which, order dated 14.06.2013 in W.P.(S) No.847 of 2003 was passed, is in fact erroneous and the order passed by this Court suffers from patent error of record. The petitioner (respondent herein), who was appointed on the post of Constable on 23.04.1992, was dismissed from service vide order dated 18.10.2001, which was affirmed by the appellate authority vide order dated 26.12.2001 would indicate that the writ petitioner had not completed 10 years of service whereas, the order of penalty of termination from service has been converted by this Court into an order of compulsory retirement on the ground that the writ petitioner had completed more than 10 years of service. The learned counsel further submits that some of the judgments noticed by this Court in order dated 14.06.2013 are not applicable in the case of the writ petitioner and therefore, the order passed in W.P.(S) No.847 of 2003 warrants review. It is further submitted that the writ petitioner had alternative remedy of revision, which admittedly he did not avail rather, he rushed to the Writ Court and on that ground, the writ petition was not maintainable. 3. A perusal of order dated 14.06.2013 discloses that the penalty of termination from service has been converted into an order of compulsory retirement on merits of the matter. While examining the charge framed against the writ petitioner, which was found proved during the departmental enquiry, considering the gravity of allegation and the penalty imposed upon the writ petitioner, this Court thought it a case of disproportionate penalty imposed upon the delinquent officer and accordingly, the penalty of termination from service was converted into compulsory retirement. While examining the charge framed against the writ petitioner, which was found proved during the departmental enquiry, considering the gravity of allegation and the penalty imposed upon the writ petitioner, this Court thought it a case of disproportionate penalty imposed upon the delinquent officer and accordingly, the penalty of termination from service was converted into compulsory retirement. The alleged ground of some of the judgments referred in the order dated 14.06.2013 not applicable in the case of the writ petitioner, is a ground frivolous on the face of it. This Court has noticed the judgments of the Hon'ble Supreme Court in which, the punishment order were interfered with by the Hon'ble Supreme Court on the ground of the punishment being so disproportionate to the charge framed, which shocks the conscience of the Court. The Writ Court after looking at the material produced before the Court came to a similar conclusion and therefore, those cases were referred by the Writ Court. The other judgments referred in the order dated 14.06.2013 are the judgments where under, the penalty of termination/dismissal from service has been converted into penalty of compulsory retirement. Those judgments were referred to by the Writ Court considering the fact that normally the Writ Court does not have power to interfere with the order of punishment of the departmental enquiry. 4. I find the review petition apparently frivolous, which warrants imposition of cost. Considering the fact that no plea akin to grounds mentioned under Order 47 CPC has been made out, the present review petition is dismissed however, I refrain from imposing cost on the review petitioner. Petition dismissed.