IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.6981 of 2009 Md.Babar Khan Versus The State Of Bihar & Ors ----------- 2. 29.07.2011 Heard learned Counsel for the petitioner and the learned Counsel for the State. The petitioner, a Constable, has been dismissed from the service after holding a departmental enquiry. After some argument learned Counsel for the petitioner moulds the submission confining the relief sought only to the limited issue of quantum of punishment. The quantum of punishment to be imposed, varied or modified is primarily the right and privilege of the employer. The Court cannot substitute its views for that of the employer on the issue of quantum unless it is grossly disproportionate and shocking to the conscience of the Court. If the petitioner represents limited to the issue of quantum of punishment only, the respondents are expected to consider the same on its own merits without being prejudiced by the ultimate limited nature of the relief sought in the present proceedings. The writ application is disposed with the aforesaid observations. Snkumar/- (Navin Sinha,J.)