IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.10275 of 2001 ASHOK KUMAR MANDAL son of Late Siya Ram Mandal resident of village- Kapasia, P.O.- Carerati, bara, District- Saharsa, at present posted as Constable No. 618, New (1040 Old) T.O.P. New Godown under P. S. Kotwali, District- Gaya. …Petitioner Versus 1. THE STATE OF BIHAR 2. The Superintendent of Police, Gaya. 3. DIG, Magadh Range, Gaya. 4. Director General Police of Patna. ..Respondents For the Petitioner None For the State Mr. Anant Kumar SC-XI Mr. Maruth Nath Roy A.C. To SC-XI ----------- 5. 06.07.2009. No one appears for the petitioner. Heard learned counsel for the State and perused the records. In this writ application, the petitioner has assailed the order of punishment reverting him to the initial pay scale of post of constable. It appears that a departmental proceeding was initiated against the petitioner on a charge of remaining absent from duty without obtaining leave. The authority thereafter has held the departmental proceeding wherein the petitioner did not avail the opportunity of defending himself and consequently enquiry officer had conducted an ex parte enquiry and 2 submitted his enquiry report. Enquiry officer, of course, had taken due care of examining all documents which were exhibited by the presenting officer and disciplinary authority after taking into account the finding of the enquiry officer had also issued second show-cause. At this stage, the petitioner had submitted his show-cause reply and the competent authority after taking into account his specific defence of illness as also his previous service history had modified the proposed order of dismissal from service into reduction of his pay at the initial pay scale of constable. Such order was passed on July 1991 and the petitioner has filed this writ petition in the year 2001 praying therein the following reliefs:- “1. That this writ application is for direction to the respondents to allow the petitioner the scale Rs.4590/- from January, 2001 which is given to the General Constable in Bihar. The petitioner is getting his scale Rs.3650/- from Jan, 2001 which is newly appointed scale of the constable which is illegal and unjust to the petitioner. So previous pay scale may be allowed to the petitioner and the petitioner was appointed as a constable in the year 1980 as a constable and firstly posted at Begusarai, After completion of 3 twenty years service now the petitioner is being given new appointment scale to the petitioner from Janaury, 2001 which is unjust and mental harassment to the petitioner from 2001 since January which is order of V.C. Verma Superintendent of Police Gaya dated 29.5.1991 against the police manual and it may be set.” From the reading of the aforementioned prayer it would be clear that the petitioner actually wants judicial review of the order of punishment of the year 1991. There is no explanation of such an inordinate delay in filing this writ petition and consequently nothing has been brought on record to show as to how this Court in the limited power of judicial review under Article 226 of the Constitution of India would go into the question of quantum of punishment. Once the petitioner’s absence from duty in a disciplined force like police was established, the authorities is rather considering in retaining the petitioner in service. That being so, once the petitioner has been reduced to initial pay scale of constable by way of punishment, he could not claim the relief of being salary with 4 fitment benefits in the new pay scale at Rs. 4950/- in place of Rs. 3650/- by claiming increments for his post services which stood stripped of in view of his order of punishment dated 29.5.1991. Allowing such prayer infact would amount to superceding/annulling the order of punishment which was never assailed by the petitioner and had become final in 1991. The petitioner thus having acquiesced his right as against the aforesaid order cannot be allowed to re-open the whole thing in a clever manner by seeking relief of pay fixation in the revised pay scale of constable as if no order of punishment was passed against him at all. Considering the aforementioned aspects, this Court would not find any merit in this writ application and it is, accordingly, dismissed. kanchan (Mihir Kumar Jha, J.)