IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.21947 of 2011 ====================================================== Bipra Raj Mahto, S/o Late Chunni Lal Mahto, resident of village + P.O.- Waini, P.S.-Pusa, District-Samastipur presently posted as Revenue Clerk, Circle Office, Sakra, District-Muzaffarpur. …. …. Petitioner/s Versus 1. The State of Bihar. 2. The Principal Secretary, Rural Development Department, Govt. of Bihar, Patna. 3. The Commissioner, Tirhut Division, Muzaffarpur. 4. The District Magistrate –cum-District Returning Officer, Muzaffarpur, District-Muzaffarpur. 5. The Circle Officer, Sakra, District-Muzaffarpur. .... .... Respondent/s ====================================================== Appearance : For the Petitioner/s : Mr. Shashi Bhushan Singh, Advocate. For the Respondent/s : Mr. Shashi Bhushan Kumar, S.C.-7. ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE ORAL ORDER 2 13-12-2011 The petitioner, a Circle Inspector, Sakra has filed this petition under Article 226 of the Constitution seeking exoneration from the charge of misconduct. It is the claim of the petitioner that the other persons involved in the same incidence have already been exonerated. The petitioner, therefore, deserves to be exonerated on the principle of equality. The reliance is placed on the judgment of the Hon’ble Supreme Court in the matter of Man Singh V. State of Haryana & Others [(2008) 12 SCC 331]. It appears that for an incidence of unruly behaviour on 23rd September 2010, a disciplinary proceeding was initiated Patna High Court CWJC No.21947 of 2011 (2) dt.13-12-2011 2 / 2 2 against the petitioner and eight others. In respect of the petitioner, the enquiry officer has submitted his report on 27th July 2011. Some of the other delinquents have been exonerated whereas the disciplinary proceeding against the petitioner still continues. The mandamus to exonerate the petitioner solely on the ground that the other employees involved in the incident have been exonerated cannot be issued. Exoneration or the punishment and the quantum of punishment may vary from person to person depending upon the role played by each such person. Evidently, it is an incidence of mass indiscipline. Now, that the enquiry officer has submitted his report on 27th July 2011 the interest of justice shall be served if the respondent State Government is directed to take action on the enquiry report in accordance with law as early as possible. The State Government will, preferably within two months from today, conclude the disciplinary proceeding initiated against the petitioner and will take appropriate decision. Subject to the above direction, the petition is disposed of. Sujit/- (R.M. Doshit, CJ)