ORDER D.N. Patel, A.C.J. - (Oral) - I.A. No. 3909 of 2017 : This interlocutory application under Section 5 of the Limitation Act has been filed by the appellant for condonation of delay of 32 days in preferring the instant Letters Patent Appeal. 2. Having heard learned counsels and looking to the reasons stated in paragraphs 5, 6 and 7 of the interlocutory application, there are reasonable reasons for condoning the delay in preferring the instant Letters Patent Appeal. 3. Accordingly, I A. No. 3909 of 2017 is allowed and delay in filing the instant appeal is condoned. L.P.A. No. 281 of 2017 : 4. This Letters Patent Appeal has been preferred by the original petitioner whose writ petition being W.P. (S) No. 2769 of 2014 was dismissed by the learned Single Judge vide judgment and order dated 7th February, 2017, whereby, the order of punishment modified by the appellate authority and the order dated 19th December, 2013 was upheld and, hence, the original petitioner has preferred the present Letters Patent Appeal. 5. Having heard learned counsels for both sides and looking to the facts and circumstances of the case, it appears that this is a case of lethargic approach of this appellant-lady Constable, who has taken too much liberty, as, during service hours/working hours, she was fond of going Bazaar/market and that too without permission of the high-ranking administrative officers, which has created difficulties for this appellant and this has led to issuance of charge-sheet dated 22nd February, 2012. 6. Looking to the nature of the charges, it appears that this appellant-lady constable was pressurizing the administrative officers to issue Bazaar-pass for going to market and she has also gone without permission of the high-ranking administrative officers. She was also found absent when daily attendance of the Police Officers/Constable was taken on 19th January, 2012. 7. Enquiry Officer was appointed and the Enquiry Officer has given his report on 14th June, 2012. Some of the charges have been proved as held by the Enquiry Officer that on 19th January, 2012, she had gone to Bazaar/market without permission and she was also absent when the attendance of Constables was taken on 19th January, 2012 and 20th January, 2012. She was also pressuring the high-ranking administrative officer for grant of leave. 8.
Some of the charges have been proved as held by the Enquiry Officer that on 19th January, 2012, she had gone to Bazaar/market without permission and she was also absent when the attendance of Constables was taken on 19th January, 2012 and 20th January, 2012. She was also pressuring the high-ranking administrative officer for grant of leave. 8. It appears that on the basis of Enquiry Officer''s report, disciplinary authority has passed an order of stoppage of one increment, which was equal to two black-marks, on 26th June, 2012 (Annexure-5). Thus, it appears that adequate opportunity of being heard was given to the appellant-delinquent. There is no procedural lacuna on the part of the respondents-State of Jharkhand in holding the enquiry and in imposing the punishment. 9. Appeal was preferred by this appellant and the appeal was partly allowed arid now, the punishment was reduced to one black-mark. 10. Looking to the aforesaid facts and circumstances of the case and also looking to ''the nature of misconduct and also looking to the facts of the case it appears that this appellant was fond of going to market and time and again, she was pressurizing the Government Officers to issue Bazaar-pass or to give leave and as per the Enquiry Officer''s report, she was also found absent on 19th January, 2012 and 20th January, 2012 when daily attendance of Constables was taken. 11. Looking to the procedures followed by the State of Jharkhand in holding the enquiry, there is no illegality committed by the respondents in holding the enquiry against this appellant. So far as quantum of punishment is concerned, it appears that the mildest punishment has been inflicted. It could have been even more. Too much brotherhood has been shown by the respondents-State. It ought to be kept in mind that whenever anybody is serving in a disciplined force; the police, the constables and other Officers ought to maintain discipline. They cannot go in market or Bazaar without permission of the high-ranking administrative officer. They cannot even remain absent, when the attendance of the Constables are being taken place daily. Loitering in here & there is not permissible by the Constables.
They cannot go in market or Bazaar without permission of the high-ranking administrative officer. They cannot even remain absent, when the attendance of the Constables are being taken place daily. Loitering in here & there is not permissible by the Constables. Out of too much brotherhood, much milder punishment has been inflicted upon this appellant and which is further reduced by the respondents-authorities which, in fact, is not warranted looking to the facts of the present case, but, we are not here to enhance the punishment upon this ;appellant. Suffice it will to say at this stage that the punishment inflicted upon this appellant-delinquent cannot be levelled as shockingly disproportionate, nor it can be levelled as unreasonably excessive. On the contrary, much lesser punishment has been inflicted upon this appellant. It could have been more also, but, we are not concerned with the enhancement of punishment. Suffice it will be to say that no error has been committed by the learned Single Judge while dismissing the writ application being W.P. (S) No. 2769 of 2014. 12. Hence, there is no substance in this Letters Patent Appeal and the same is therefore, dismissed, with a cost of Rs. 2500/- (Rupees Two Thousand Five Hundred only). This amount will be deposited by appellant before the Secretary, Department of Women and Child Development & Social Welfare, Government of Jharkhand, towards the Juvenile Justice Fund. This amount will be deposited in Bank A/c No. 3734498462-5, Jharkhand Juvenile Justice Fund, State Bank of India, Project Bhawan, Hatia, either by cheque or bank draft, within a period of eight weeks from today towards Juvenile Justice Fund. The aforesaid amount shall be utilized for the welfare of the juveniles as per the duties assigned by the State in the Juvenile Justice Act. 13. If the aforesaid cost is not deposited by the appellant within the said period, the same will be deducted from the salary of this appellant in five equal installments. 14. Copy of this order will be sent, initially through Fax and thereafter by registered post, to the, (i) Chief Secretary, Government of Jharkhand, Ranchi; (ii) Director General-cum-Inspector General of Police, Jharkhand, Ranchi; (iii) Commandant, Jharkhand Aimed Police-10, Ranchi; (iv) Secretary, Jharkhand State Child Protection Society, Room No. 315, FFP Building, 3rd Floor, Dhurwa, Ranchi; and, (v) Secretary, Department of Women and Child Development & Social Welfare, Government of Jharkhand. 15.
15. This Letters Patent Appeal is dismissed.