1 W.P. 5170/1997 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO. 5170 OF 1997 Pravin S/o Jagannathrao Andole .... PETITIONER VERSUS The State of Maharashtra & Oths. .... RESPONDENTS Mr. P.N.Sonpethkar, Advocate for petitioner. Mr. K.G.Patil, Assistant Govt. Pleader for State. CORAM : B.R.GAVAI AND S.V.GANGAPURWALA, JJ. DATE : 06/07/2010 ORAL ORDER : [ PER - B.R.GAVAI, J. ] 1. By way of present petition, the petitioner has approached this Court challenging the order dated 29/11/1995, thereby holding the petitioner guilty in the departmental proceedings and with-holding 3 increments permanently by way of punishment and confirmed by respondent no. 2 on 8/8/1997. 2. Mr. Sonpethkar, the learned counsel for the petitioner submits that the punishment which has been awarded is too harsh, taking into consideration the charges proved. Subsequent conduct of the petitioner is satisfactory and he has also been promoted to the post of Assistant Superintendent. 2 W.P. 5170/1997 3. We have perused the report of the Enquiry Officer. In the matter of punishment awarded by the departmental authority, this Court would not be expected to interfere unless it arrives at the finding that the punishment is shockingly disproportionate to the misconduct proved. 4. From the perusal of the enquiry report, it reveals that the petitioner is found guilty of various charges. He along with his companion were found guilty of assaulting each other and giving threats of life. The petitioner is also found guilty of using a piece of glass in order to threaten his counter part. Apart from that, there are charges against the petitioner of interfering in other department and not keeping muddemal property properly, which have also been found to be proved. 5. In that view of the matter, it can not be said that the punishment awarded is shockingly disproportionate to the misconduct so as to warrant interference. The petition is, therefore, dismissed. Rule is discharged. However, there shall be no order as to costs. [ S.V.GANGAPURWALA ] [ B.R.GAVAI ] JUDGE JUDGE knp/WP 5170.97