IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.5496 of 2009 ANJANI KUMAR GUPTA, son of Sri Baidyanath Pd. Gupta, Resident of Mohalla Adalatganj, P.S. Kotwali, District Patna, at present working as Assistant in Paper Book Department of the High Court of Judicature at Patna ……………………… Petitioner Versus 1. THE STATE OF BIHAR 2. The High Court of Judicature at Patna, through its Registrar General. 3. The Registrar General, High Court of Judicature at Patna ……….…. Respondents ----------- 2. 13.08.2010 The Court has heard the Counsel for the petitioner and also for the High Court. The petitioner is aggrieved by the order of punishment dated 19.12.2007 as affirmed in appeal dated 5.4.2008. It visits him with the punishment of debarring him for promotion permanently while revoking the suspension ordered on 24.7.1999. The petitioner is stated to be a Court Master in the High Court. The allegations were with regard to an alleged occurrence stated to have taken place in the court room, when motions were being made. Learned Counsel for the petitioner in course of the submissions moulded the relief sought to the issue of quantum of punishment as also salary for the period of suspension as no separate order had been passed with regard to the manner in which the period of suspension was to be treated. The Court has carefully gone through the enquiry report. It cannot be held that the enquiry report does not suffer from infirmities when it relies upon unproved newspaper reports. Important witness who submitted the preliminary enquiry report, substantially relied upon by the enquiry officer, was to be 2 produced by the prosecution to prove the report, never appeared and deposed. The witnesses did not support the charge. Yet it cannot be denied that an incident of sorts did take place when the petitioner was the Court Master. This Court is therefore satisfied that while the punishment does not raise issues of being shockingly disproportionate to the offence alleged so as to invite the direct intervention of the Court itself, yet at the same time the Court is satisfied that in the nature of the enquiry held and the evidence, coupled with the infirmities in the enquiry report, the punishment imposed is disproportionate applying the principles of proportionality which has been held to be a part of the principle of reasonableness. The order of punishment debarring a person from being considered for promotion for all times to come has serious repercussions and consequences on morale of the employee including monetary loss, reputation amongst peers to mention a few. This application is disposed with the observation that if the petitioner represents for reconsideration of the quantum of punishment it is expected that the same shall be considered in accordance with law in light of the present discussion. The Court also expects that simultaneously a decision in accordance with law shall also be taken with regard to the claim of the petitioner for salary for the period of suspension and/or manner in which it has to be treated. This Court has purposefully refrained from making any observation on the nature of the enquiry and the evidence except 3 to the extent noticed for purpose of the present order so as not to prejudice either party at the stage of such consideration of quantum. It is expected that the matter shall be considered expeditiously. The application stands disposed. Snkumar/- (Navin Sinha,J.)