IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.2510 of 2011 Charku Prasad Yadav @ Charku Yadav Versus The State Of Bihar & Ors . ----------- 2 1.7.2011 Heard learned counsel for the parties. Allegation made against the petitioner is that he was the Senior Hawildar Incharge of a picket located in the district of Sheikhpura, which is a very sensitive area, in the sense that it is affected by extremism. At the time of inspection carried out by the Superintendent of Police many of the constables and senior officer were found missing. Conflicting kind of explanations were sought to be given in their defence. The Superintendent of Police left the place with a direction to the Officer Incharge to re-inspect the picket. On the second inspection the full strength was again missing till late at night. In the explanation which was called a defence was built that one constable had been granted leave and two other had gone to collect ration from Sheikhpura. It has emerged during the course of preliminary enquiry that the defence or explanation offered was a cover up for a serious kind of omission as it made the picket very vulnerable as all the available depleted force would have been mowed down if an attack was carried out. The concerned authority have taken a lenient view of the matter and ordered for withholding of six months increment without cumulative effect. - 2 - Punishment is not a major punishment therefore a detailed enquiry as such was not required. It is not a case that the circumstances do not exist for imposition of the minimum of punishment which could be imposed in the matter. This Court feels that the authorities have been mild in the quantum of punishment for which the petitioner should be thankful to the disciplinary authority. In the above circumstances this Court has reservation in quashing the order of punishment which has in a way lost its effect by now. So far the submission of learned counsel with regard to fall out of his promotion is concerned it is yet another matter which will be looked into where the occasion arises. This writ application is dismissed. RPS (Ajay Kumar Tripathi,J.)