IN THE HIGH COURT OF JUDICATURE AT PATNA Letters Patent Appeal No.1730 of 2010 In (CIVIL WRIT JURISDICTION CASE 12575/2004) 1. Pramod Kumar Nirala S/O Shri Ramji Prasad R/O Vill Kamarganj, P.O.Jhangira, P.S. Sultanganj, Distt-Bhagalpur Versus 1. The State Of Bihar Through The Chief Secretary Government Of Bihar, Patna 2. The D.G. Cum I.G.Of Police, Bihar, Patna 3. The D.I.G.Of Police Champaran Range, Bettiah 4. The Superintendent Of Police Bettiah For the Appellant: Sri Rajendra Pd. Singh, Sr. Advocate, Sri Onkar Kumar, Advocate, Sri Ramakant Singh, Advocate. For the Respondents: S.C.-1 ---------------------------------- 04. 02.08.2011 This Letters Patent Appeal has been filed against the judgment and order dated 06.08.2010 passed by the learned Single Judge in C.W.J.C. 12575 of 2004. Learned counsel for the appellant does not press this appeal on the merit, only press on the quantum of punishment. According to learned counsel for the appellant he cannot be subjected to a major punishment of dismissal although the reasons for absence from duty which has not been accepted by the enquiry officer. We perused the reasons given by the 2 appellant for absence. In our opinion, it could be deemed otherwise also but since we are not interfering with the report of the enquiry proceedings. Therefore, we refrain ourselves to make any comment thereon. In our considered view, definitely the punishment of dismissal is harsh one. Punishment of dismissal is converted into stoppage of two increments with cumulative effect. The appeal is disposed of subject to the condition that appellant shall be reinstated and he shall not be paid any salary from the date of dismissal till today. Mkr. ( Prakash Chandra Verma, J. ) (Aditya Kumar Trivedi, J.)