IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.224 of 2009 RINKI SINGH . Versus THE STATE OF BIHAR & ORS . ----------- 3/ 21/06/2011 Heard learned counsel for the petitioner and the State. The husband of the petitioner was a constable in the police force. On allegations of prolonged unauthorized absence without sanctioned leave he was subjected to a departmental proceeding. An enquiry report of guilt was submitted leading to an order of dismissal dated 29.10.2003. The appeal preferred by the husband of the petitioner has been rejected after his death on 21.8.2006. The memorial preferred by the petitioner has been rejected on the ground that it was not maintainable at her behest. Learned counsel for the petitioner submits that the defence of the deceased with regard to absence due to heart ailment was not fanciful and ultimately he died of the same. It is therefore submitted that in the changed circumstance the punishment is grossly disproportionate as it deprives her of the benefits of family pension also. The Court finds no merit in the writ application insofar as the imposition of a punishment is 2 concerned. However, the issue of quantum of punishment is a mater more appropriate for the employer to decide as it is not possible to hold that the nature of the punishment imposed is shocking to the conscience of the Court in which circumstance only the Writ Court can interfere with the punishment. The application is disposed with the observation that if the petitioner represents limited to the issue of quantum of punishment, nothing precludes the respondent No.4, the Superintendent of Police, Bhojpur, from considering the same in accordance with law preferably within a maximum period of four months from the date of receipt/production of a copy of this order The application stands disposed. KC ( Navin Sinha, J.)