IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.11459 of 2006 PRADIP KUMAR BANIKYA Versus THE UNION OF INDIA & ORS ----------- 3 26.8.2008 Heard learned counsel for the parties. Petitioner has been removed from service on the ground of insubordination and also assaulting his superior authority i.e. one Hawaldar Amarjit Singh. Contention of learned counsel for the petitioner is that the order of punishment removing him from service for the alleged act is not only excessive but also harsh since the petitioner otherwise has a clean service record after being appointed on 27.3.91. He does not however deny that some incidence did take place on 5.7.2005 but then the same has been blown out of proportion and a severe order of punishment has been ordered against him. The only reason why this Court is inclined to give an opportunity to petitioner by directing the respondents to reconsider the order of punishment is on the ground that there is categorical assertion that the petitioner has had a clean service record right from the time of his appointment in the year, 1991 till the so called act of indiscipline in 2005. Removal of petitioner after so many years of service entails serious consequence both for him or his family. Irrespective of the order which has been passed by the disciplinary authority, the cryptic order of appellate authority - 2 - upheld in revision, the respondents are directed to examine the case of the petitioner from this aspect of the matter whether he could be given any other punishment if his service record otherwise reflects that he has been a good soldier and has worked efficiently for the period he was in service and before imposition of the aforesaid punishment. This writ application is disposed of with a direction upon the Inspector General of Police C.R.P.F. respondent no.3 to consider the case of the petitioner in the light of the observation made by this Court in the earlier part of the order. This writ application is disposed of with the above direction. RPS (Ajay Kumar Tripathi,J.)