IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.2940 of 2010 1. ASHA KUMARI W/O SITARAM PRAJAPAT R/O VILL- ADAI, PO- ADAI, P.S KONCH, DISTT- GAYA Versus 1. THE STATE OF BIHAR THROUGH THE SECRETARY, DEPTT. OF SOCIAL WELFARE, BIHAR, PATNA 2. THE DIVISIONAL COMMISSIONER, null MAGADH DIVISION, GAYA 3. THE DISTRICT MAGISTRATE, GAYA 4. THE DISTRICT PROGRAMME OFFICER, DISTT- GAYA 5. THE BLOCK DEVELOPMENT OFFICER, BLOCK KONCH, DISTT- GAYA 6. THE CHILD DEVELOPMENT PROJECT OFFICER, BLOCK- KONCH, DISTT- GAYA ----------- 2/ 27/08/2010 Heard learned counsel for the petitioner and learned counsel for the State. The petitioner, an Angan Bari Sevika, is aggrieved by the termination of her services by order dated 19.11.2009 for her alleged absence for a single day. The punishment is disproportionate to the allegation. The petitioner acknowledges that a show cause notice was given only whereafter the termination order has been passed. To that extent this Court finds it difficult to interfere. However, this Court does find substance in the submission that the punishment imposed of removal for a single day’s absence does not appear wholly commensurate to the nature of the allegation. A supplementary affidavit filed today further alleges that another Angan Bari Sevika one Anita Devi who was also issued a similar show cause notice for - 2 - default for one day has been exonerated and no steps have been taken against her after she represented. The issue of parity in punishment between persons against whom there be common allegations also invokes process of Article-14 of the Constitution of India. If different punishment is imposed on two delinquents with common allegations, that is sufficient also to vitiate the excessive punishment given to another. The order dated 19.11.2009 is therefore set aside and the matter remanded to the District Programme Officer to pass fresh reasoned and speaking order after granting an opportunity of hearing to the petitioner within a maximum period of six weeks from the date of receipt/presentation of a copy of this order. The application is disposed. KC ( Navin Sinha, J.)