IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.15499 of 2010 AJIT KUMAR, SON OF SRI RAMESH CHAUDHARY, RESIDENT OF VILLAGE BABHANGAMA, MOTIHARI, POLICE STATION TRIBENIGANJ, DISTRICT SUPAUL . Versus 1. THE UNION OF INDIA, THROUGH THE MINISTRY OF HOME AFFAIRS,(SASHASTRA SEEMA BAL). 2. THE DIRECTOR GENERAL OF POLICE, S.S.B., MINISTRY OF HOME AFFAIRS, NEW DELHI. 3. THE INSPECTOR GENERAL(S.S.B.) FRONTIER, HEAD QUARTER, GUWAHATI(ASSAM), NIKITA COMPLEX, HOUSE NO.345, G.S. RAOD, KHANAPARA. 4. THE DEPUTY INSPECTOR GENERAL(S.S.B.) SECRETARY, HEAD QUARTER, S.S.B., BONGAI GAON,(ASSAM). 5. ASSISTANT DIRECTOR,(ADMINISTRATION) FTR, H.Q., GUWAHATI(ASSAM) FOR INFORMATION. 6. COMMANDANT 31ST BATTALION, B.N.S.S.B., GOSSAIGAON, DISTRICT KOHRAJHAR, ASSAM. For the petitioner : Mr. Satish Chandra Jha-3,Advocate. For the Union : Mr. Shiv Kumar, CGC. ----------- 05. 12.10.2010 Counsel for the Union of India has filed counter affidavit which is taken on record. 2. Heard learned counsel for the petitioner and the counsel for the Union of India. 3. Petitioner at the relevant time served as Constable in the 31st Battalion, SSB, Gossaigaon, Kokarajhar, Assam. He is aggrieved by the order of removal from service dated 1.11.2009, Annexure-3 which has also been affirmed in appeal and revision vide orders dated 9.12.2009 and 12.3.2010, Annexures-2 and 1. The appellate and the revisional orders are also under challenge in this writ petition. Perusal of the aforesaid three impugned orders indicate that the same has been passed on the basis of the enquiry repot submitted pursuant to chargesheet dated 31.7.2009, Annexure-5. After receipt of the enquiry - 2 - report petitioner was served with second show cause notice dated 17.10.2009, Annexure-9, in response whereto he filed his reply dated 29.10.2009, Annexure-10. It further appears from the chargesheet, enquiry report that petitioner was proceeded against on the charge of negligence, dereliction of duty and cowardice as he failed to apprehend Constable(GD) Ram Babu Das while he escaped from the camp during the night between 11-12.5.2009 at about 1.00 hours, though he was posted as sentry at the main gate and Ram Babu Das appeared near the sentry post with weapon, threatened Guard Commander Rajesh Kumar posted on the main gate at gun point in presence of the petitioner and escaped after killing inspector Gaje Singh Bisht. 4. It is submitted on behalf of the petitioner that murder of Gaje Singh Bisht took place inside the camp, whereafter Ram Babu Das came running towards the main gate and threatened to kill the Guard Commander Rajesh Kumar who was present at the main gate along with the petitioner. Ram Babu Das having over powered the Guard Commander on the main gate had the petitioner taken any step to prevent Ram Babu Das the situation may have become even worse as Ram Babu Das was threatening to kill the Guard Commander at the gun point. In order to avoid assault on the Guard Commander petitioner did not retaliate against Ram Babu Das, as a matter of strategy and not on account of cowardice. It is further submitted that Guard Commander Rajesh Kumar having not been removed from the service of the force, punishment of removal inflicted on the petitioner - 3 - appears to be excessive. 5. Aforesaid aspect of the matter that Guard Commander Rajesh Kumar against whom similar charge of not apprehending Ram Babu Das having been proved has been inflicted with lesser punishment is required to be considered while awarding punishment in the case of the petitioner and the punishment of removal from service is required to be reconsidered by the authorities. Accordingly, the three impugned orders dated 1.11.2009, 9.12.2009 and 12.3.2010, Annexures-3, 2 and 1 are set aside and the matter is remitted back to the Commandant, 31st Battalion, SSB, Gossaigaon, Assam to consider as to why similar punishment which has been imposed on the Guard Commander Rajesh Kumar be not imposed on the petitioner. 6. The writ application is, accordingly, disposed of. Rajesh/ (V.N. Sinha, J.)