IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.4679 of 2009 Brijesh Kumar Versus The State Of Bihar & Ors ----------- 2/ 26/07/2011 Heard learned counsel for the petitioner and the State. The petitioner, a constable, was dismissed from service on 31.5.2006 on grounds of unauthorized absence of 155 days. His appeal and memorial have been rejected. After some argument Learned counsel for the petitioner moulds the submission and confines the relief sought only to the issue of quantum of punishment. The quantum of punishment is primarily the privilege and prerogative of the employer to decide unless the punishment imposed is shockingly disproportionate to the conscience of the Court. That does not detract from the powers of the employer to re-decide the quantum if it wishes to do at the request of the employee. In that view of the matter, if so advised, the petitioner may represent before the respondent concerned limited to the quantum of punishment when it is expected that the respondents shall consider the representation, but in accordance with law. The writ application stands disposed. KC ( Navin Sinha, J.)