Case: Akhilesh Kumar Singh Vs. State Of Jharkhand

levelled against Shri Kaushal Kumar Singh were almost identical except the charge No.1. According to the learned counsel, but as the purported misconduct committed by him but did not result in any personal gains, the disciplinary authority should have taken a lenient view. Our attention has been drawn to the order of punishment imposed upon the said Shri Kaushal Kumar Singh which is to the following effect : “After going through the statement and show cause present in record and realizing the opinion of Commanding Officer, I accept the opinion of commanding officer and found him guilty with regard to charge (1) absolutely and with regard to charge (2) partially. His illegal absent from 14.12.84 to 16.12.84 and 9.1.85 to 12.1.85 and 26.3.85 (totally eight days) will be treated as extraordinary leave. The allowance money which was paid to him of this period shall be deducted from his payable amount and deposited to the fund. Because he had immediately made a complaint against the Company Commander and he was found guilty for this sympathy his increment in annual salary shall be detained for one year. This punishment will not affect his future increment. Simultaneously warning for dismissal is given if it in future.” 9. The learned counsel urged that as a very lenient punishment was awarded to Kaushal Kumar Singh, the High Court must be held to have committed a manifest error in not entertaining the writ petition. Reliance in this behalf has been placed on Director General of Police & Ors. v. G. Dasayan [(1998) 2 SCC 407] and Anand Regional Coop. Oil Seedgrowers’ Union Ltd. v. Shaileshkumar Harshadbhai Shah. [(2006) 6 SCC 548) . 10. Mr. Nitish Massey, learned counsel appearing on behalf of the respondent, on the other hand, submitted that the case of the appellant is not similarly situated to that of the aforesaid Shri Kaushal Kumar Singh as not only no charge like charge No.1 was framed against him, but even the charge No.2 was only proved particularly in his case. The appellate Authority, it was submitted, having given cogent and sufficient reason for not awarding a lesser punishment, this Court should not interfere therewith. 11. Charge No.1 framed against the appellant herein was a serious charge. He has been found guilty thereof. He tampered with the official records. Being only a Writer Constable, he could not have made an entry in the general diary as regards time of arrival of Company Commander. So far as Charge No.2 is concerned, he accepted the same. Charge No.3 was proved against him. The Appellate Authority as also the learned Single Judge, as noticed hereinbefore, opined that the charges levelled against the petitioner were serious in nature.It is true that delinquent officers similarly situated should be dealt with similarly and, thus if the charges against the employees are identical, it is desirable that they be dealt with similarly.12. Quantum of punishment imposed on a delinquent employee by the appointing authority, however, depends upon several factors. Conduct of the delinquent officers as also the nature of the charges play a vital role in this behalf. Apart from the fact that charge No.1 was a very serious one and Shri Kaushal Kumar Singh, having not been charged therewith, it cannot be said that the appellant and the said Kaushal Kumar Singh were similarly situated but also as noticed hereinbefore, so far as Kaushal Kumar Singh is concerned, charge No.2 had also been partly proved against him; whereas appellant admitted his guilt in relation thereto.The enquiry officer in his report categorically held : “Simultaneously I have gone through attendance register and food allowance register no officer of the company had neither made a signature nor verified it. It is also horrible that on what basis Attendance register and food allowance register had been treated as correct. It is necessary that whenever food allowance claim is being made it should be verified from the register which is not found. Company Commander given the statement that entry regarding Charge sheeter that he was present on 14.12.84 to 16.12.84 and 9.1.85 to 12.1.85 in the Company was made by the Charge Sheeter on register by the help of constable 432 Birendera Kumar. Charge Sheeter had not gone any where during that period and he stated in his statement that on that very day he was outside on the oral order of the Company Commander. It is very difficult to decide that whose statement should be treated as correct is of charge sheeter or of Commander. Company Commander is the in charge of the Company. So weightage should be given to his statement. Charge Sheeter certainly made forgery with company Commander because believing on him he made signature.” 13. Appellant has, thus, been found guilty of tampering with records and committing forgery. He misappropriated food allowance. Shri Kaushal Kumar Singh was found guilty only for claiming food allowance illegally. The superior courts of India exercising power of judicial review, it is trite, would not ordinarily interfere with the quantum of punishment. Even the industrial court would not do so as has been noticed by this Court in Shaileshkumar (supra). In the said case, however, having regard to the fact situation obtaining therein, it was held : “There is, however, another aspect of the matter which cannot be lost sight of. Identical allegations were made against seven persons. The management did not take serious note of misconduct committed by six others although they were similarly situated. They were allowed to take the benefit of the voluntary retirement scheme.” The said decision does not assist the appellant at all.14. G. Dayasan (supra) is a case where respondent therein as also the Head Constable were tried together, but as different punishments having been imposed upon them although they faced identical charges, this Court interfered with the quantum of punishment.15. Such is not the case here. Charges against the appellant and Kaushal Kumar Singh being not identical in nature, the impugned judgment does not suffer from any legal infirmity.

Decision (1 = appeal accepted, 0 = rejected): 0

Explanation:
0[ds]11. Charge No.1 framed against the appellant herein was a serious charge. He has been found guilty thereof. He tampered with the official records. Being only a Writer Constable, he could not have made an entry in the general diary as regards time of arrival of Company Commander. So far as Charge No.2 is concerned, he accepted the same. Charge No.3 was proved against him. The Appellate Authority as also the learned Single Judge, as noticed hereinbefore, opined that the charges levelled against the petitioner were serious in nature.It is true that delinquent officers similarly situated should be dealt with similarly and, thus if the charges against the employees are identical, it is desirable that they be dealt with similarly.12. Quantum of punishment imposed on a delinquent employee by the appointing authority, however, depends upon several factors. Conduct of the delinquent officers as also the nature of the charges play a vital role in this behalf. Apart from the fact that charge No.1 was a very serious one and Shri Kaushal Kumar Singh, having not been charged therewith, it cannot be said that the appellant and the said Kaushal Kumar Singh were similarly situated but also as noticed hereinbefore, so far as Kaushal Kumar Singh is concerned, charge No.2 had also been partly proved against him; whereas appellant admitted his guilt in relation thereto.The enquiry officer in his report categorically heldI have gone through attendance register and food allowance register no officer of the company had neither made a signature nor verified it. It is also horrible that on what basis Attendance register and food allowance register had been treated as correct. It is necessary that whenever food allowance claim is being made it should be verified from the register which is not found. Company Commander given the statement that entry regarding Charge sheeter that he was present on 14.12.84 to 16.12.84 and 9.1.85 to 12.1.85 in the Company was made by the Charge Sheeter on register by the help of constable 432 Birendera Kumar. Charge Sheeter had not gone any where during that period and he stated in his statement that on that very day he was outside on the oral order of the Company Commander. It is very difficult to decide that whose statement should be treated as correct is of charge sheeter or of Commander. Company Commander is the in charge of the Company. So weightage should be given to his statement. Charge Sheeter certainly made forgery with company Commander because believing on him he made signature.Appellant has, thus, been found guilty of tampering with records and committing forgery. He misappropriated food allowance. Shri Kaushal Kumar Singh was found guilty only for claiming food allowance illegally. The superior courts of India exercising power of judicial review, it is trite, would not ordinarily interfere with the quantum of punishment. Even the industrial court would not do so as has been noticed by this Court in Shaileshkumar (supra). In the said case, however, having regard to the fact situation obtaining therein, it was heldis, however, another aspect of the matter which cannot be lost sight of. Identical allegations were made against seven persons. The management did not take serious note of misconduct committed by six others although they were similarly situated. They were allowed to take the benefit of the voluntary retirementsaid decision does not assist the appellant at all.14. G. Dayasan (supra) is a case where respondent therein as also the Head Constable were tried together, but as different punishments having been imposed upon them although they faced identical charges, this Court interfered with the quantum of punishment.15. Such is not the case here. Charges against the appellant and Kaushal Kumar Singh being not identical in nature, the impugned judgment does not suffer from any legal infirmity.