1 D.B.Civil Special Appeal(Writ) No.912/2007 The State of Raj. & Ors. V/s Jabbar Singh 20.10.2008 Hon'ble the Chief Justice Mr.Narayan Roy Hon'ble Mr.Justice Mohammad Rafiq Mr.B.L.Avasthi, Addl.Government Counsel for the appellants. Mr.Pradeep Singh for the respondent. This appeal is barred by 35 days. Upon hearing learned counsel for the parties, we are satisfied that the appellants were prevented by sufficient cause in not filing this appeal in time. Delay in filing this appeal is, therefore, condoned and the matter is heard on merit. This appeal has been filed by the appellants against the order dated 21.2.2007 passed by the learned Single Judge of this Court whereby the writ application filed by the writ-petitioner-respondent against the order of his dismissal from service was allowed in part and the penalty of dismissal from service was modified into compulsory retirement on proportionate pension. Learned counsel for the appellants has argued that the charges against the writ-petitioner-respondent were serious enough to justify imposition of penalty of dismissal from service as the writ-petitioner- respondent was found guilty of charges of placing duplicate magazine in KOTH, instead of five live cartridges five shells of cartridges were found on inspection and LR 8 and SR1 tear gas were found short in the cell koth. Thus, penalty of dismissal from service cannot be said to be disproportionate to the 2 gravity of the aforesaid charges so as to shock the conscience of the court. Learned counsel for the respondent has submitted that the learned Single Judge of this Court, on consideration of entire facts and circumstances of the case and the fact that the writ petitioner-respondent had rendered 27 years of service, found that the charges were not grave enough to warrant dismissal from service and thus, substituted the penalty of dismissal from service to that of compulsory retirement on proportionate pension. The impugned order of the learned Single Judge of this Court has been given effect to and the writ-petitioner-respondent has been awarded consequential benefits. Therefore, from that point of view also, no interference is called for. Having heard learned counsel for the parties and perused the order impugned as also the reply to the writ application filed by the State, we find that the charges against the writ petitioner-respondent were only for shortage of LR8 and SR1 tear gas and instead of five live cartridges five shells of cartridges were found on inspection and duplicate magazine was found placed in KOTH. The charges cannot be said to be so grave as to only warrant dismissal of writ petitioner- respondent from service, who had rendered 27 years of services. Learned Single Judge of this Court has not made any interference in so far as the findings of guilt of the writ petitioner-respondent on the aforesaid charges and has merely modified the penalty of dismissal from service to that of penalty of compulsory retirement on proportionate pension. We agree with the view taken by learned Single Judge that the latter penalty of compulsory retirement on 3 proportionate pension imposed by the learned Single Judge of this Court would be more commensurate with the gravity of charges found proved against the writ- petitioner-respondent. We therefore, do not find any merit in this appeal. It is accordingly dismissed. (Mohammad Rafiq)J. (Narayan Roy)C.J. Parmar