IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.1276 of 2006 JIB DHARI SINGH Son of Late Mantra Dhari Singh Ex Deputy Manager, Bihar State Financial Corporation, at present residing At Flat No. C-105 Pushpanjali Enclave, North Mandiri,P.S.Budha Colony.Dist.Patna-800001 Petitioner Versus 1. BIHAR STATE FINANCIAL CORPN.&ORPORATION THROUGH ITS CHAIRMAN, FRAZER ROAD, PATNA 2. BOARD OF DIRECTORS OF BIHAR STATE FINANCIAL CORPORATION, FRAZER ROAD PATNA THROUGH ITS MANAGING DIRECTOR 3. THE MANAGING DIRECTOR, BIHAR STATE FINANCIAL CORPORATION, FRAZER ROAD, PATNA 4. THE OFFICER ON SPECIAL DUTY ( V & G ) BIHAR STATE FINANCIAL CORPORATION,FRAZER ROAD,PATNA 5. MANAGER ( CO-ORDINATION) BIHAR STATE FINANCIAL CORPORATION, FRAZER ROAD, PATNA 5. MANAGER ( P & A ), BIHAR STATE FINANCIAL CORPORATION, FRAZER ROAD, PATNA RESPONDENTS 8 1-10-2008 Heard learned counsel for the petitioner and learned counsel appearing for Bihar State Financial Corporation and its officials. At the relevant time petitioner was Deputy Manager at Nalanda Branch of the Bihar State Financial Corporation. At that time Shri A.K.Sinha was the Branch Manager of that branch and one Arjun Prasad was another Deputy Manager at the same branch. A three members Branch Level Valuation Team ( for short B.L.V.T.) was constituted for valuation of the mortgaged assets of M/s Shankar Oil Mills, Nalanda . The Branch Manager was Chairman of the B.L.V.T. of which petitioner and Shri Arjun Prasad were members. - 2 - It appears that on the charge that the valuation report under valued the mortgaged assets of that mill, the Branch Manager as well as the petitioner were subjected to departmental proceeding. The enquiry was conducted by the same officer who submitted two separate enquiry reports against both of them on 30-4-1997. Against both the charges were found to have been proved. By an order dated 18-12-1997 passed by Managing Director, Bihar State Financial Corporation, ( Annexure-8/2) the said Branch Manager, Shri A.K.Sinha was awarded the punishment of reprimand and the proceeding came to an end. So far as the petitioner is concerned, the proceeding remained pending for about four years and finally by impugned order dated 21-8-2001 ( Annexure- 2 ) the Managing Director of the Financial Corporation, for the similar charges and on the basis of similar enquiry report awarded punishment of dismissal from service to the petitioner. It appears from the appellate order which is also under challenge, dated 20-10-2005 (Annexure-1) that this point was raised before the appellate authority , the Board of Directors, Financial Corporation but was repelled only on the ground that the incumbent of the post of Managing Direcor had been changed when punishment was awarded to the petitioner. On proper consideration of the facts and circumstances of the case and particularly in view of the fact that petitioner was a junior officer under the Branch Manager who was the Chairman of the - 3 - Naresh B.L.V.T. it is found that , the petitioner could not have been awarded a more severe punishment than the Branch Manager, Sri A.K.Sinha. Such different punishments in respect of same charges amounts to gross discrimination and violation of Articles 14 and 16 of the Constitution of India. As a result the writ petition is allowed. Both the impugned orders contained in annexures 1 and 2 are quashed. As a result petitioner is reinstated in the service with all consequential benefits. The matter of awarding punishment is remitted to the Managing Director, Financial Corporation with a direction that he will ensure that petitioner is not awarded more severe punishment that what has been awarded to Sri A.K. Sinha, the then Branch Manager. The writ petition is allowed to the aforesaid extent. ( Shiva Kirti Singh,J)