IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.14742 of 2006 PRABHAT KUMAR MISHRA Versus THE UNION OF INDIA & ORS ----------- For the Petitioner: Mr. S.S.Sharma,Advocate For the Union of India: Dr. Ratan Kumar CGC ---------- 3 4.9.2008 Heard learned counsel for the parties. Petitioner has been removed from service based on the findings on a set of charges recorded by the enquiry officer. This order of punishment has been upheld both by the appellate authority as well as the revisional authority. In so far as the findings of guilt and the consequential punishment is concerned there seems to be consistency in this regard. The thrust of the argument in the present writ application is more on the punishment which has come to be passed on the given set of charges against the petitioner rather than validity or legality of the enquiry as such which was held against him. If the misconduct of the petitioner for which the present punishment has come to be passed would be first of the kind then may be there could have been an occasion for this Court to consider directing the respondents for imposition of any other punishment except removal of the petitioner on the ground of proportionality. But on a look of the order passed by the revisional authority contained in annexure-17, which is a detailed order giving all the reasons, as well as the averments made in the counter affidavit that the petitioner has many punishments in his - 2 - service record the Court cannot take a compassionate view of the matter and allow him go back into service which is an uniformed and disciplined force. The present predicament of the petitioner is his own creation. If the petitioner had conducted himself in an orderly fashion then may be the present occasion would not have arisen. The Court does not exercise its discretionary remedy in view of the above fact. This writ application is dismissed. RPS (Ajay Kumar Tripathi,J.)