IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.2337 of 2008 RAVINDRA RAM . Versus THE STATE OF BIHAR & ORS . ----------- 2/ 12/08/2010 Heard learned counsel for the petitioner and learned counsel for the State. The petitioner was subjected to departmental proceedings on six charges. He was exonerated of two charges and found guilty of charge Nos. 2, 3, 5 and 6. Charge Nos.2 and 3 were inter related. Punishment of compulsory retirement was then imposed. Learned counsel for the petitioner submits that insofar as charge Nos.5 and 6 are concerned, they relate to administrative reports furnished by the petitioner on a single occasion with regard to departmental proceedings. Insofar as charge Nos.2 and 3 with regard to payment of Rs.1,39,677.00 is concerned, he submits that the payment was made in anticipation of the approval by the Director. No sooner that the petitioner realized his folly he issued show cause notice to the beneficiary and the entire amount has been recovered. The Government has suffered no loss. It is contended that the petitioner has an otherwise clean service record. Urging that the punishment of compulsory retirement in the nature of the allegation was excessive - 2 - and disproportionate it is submitted that the petitioner wishes to represent against the same inviting the attention of the disciplinary authority to the fact that earlier at the stage of consideration a minor punishment had been proposed deviating from which for no justifiable reason a major punishment was imposed. Quantum of punishment is the prerogative of the employer. If the petitioner represents on the issue of the quantum of punishment, this Court expects the respondents to consider the same in accordance with law and dispose it off by a reasoned and speaking order within a maximum period of two months from the date of receipt/production of a copy of this order. It is expected that if the respondents find any justification in his claim or any part of the claim, necessary consequential order shall be issued simultaneously. The application stands disposed. KC ( Navin Sinha, J.)