- (1.) THIS application has been filed in connection with the appeal preferred from the judgment and order dated 11th March, 2011 whereby and whereunder a learned Judge of this Court granted relief to the writ petitioner by allowing the writ petition on merits.
(2.) GOING through the impugned judgment and order under appeal, we find that the learned Single Judge upon considering the facts and circumstances of this case and following the decisions of the Supreme Court arrived at the conclusion that the punishment of dismissal from service imposed on the respondent No. 1/writ petitioner is shockingly disproportionate and, therefore, the learned Single Judge was pleased to set aside the order of dismissal passed by the disciplinary authority which was subsequently affirmed by the appellate authority. The learned Single Judge further issued specific direction for reinstatement of the writ petitioner in service immediately. The learned Single Judge also held that the writ petitioner should be treated in continuous service and will be entitled to receive all consequential benefits. From the records we find that on the charge of using filthy language, the disciplinary authority imposed punishment of dismissal from service on the respondent No.1/writ petitioner. The learned Single Judge held the aforesaid punishment as shockingly disproportionate.
(3.) MR. Soumya Majumder, learned Counsel representing the respondent No. 1 /writ petitioner submits that the allegations regarding attempt to assault the superior officer and using filthy language could not be substantiated on the basis of the evidences adduced during the enquiry proceedings. MR. Majumder further submits that the alleged incident took place on 28th April, 1993 but the charge-sheet was issued on 4th June, 1993. MR. Majumder also submits that the respondent No. 1/writ petitioner was assaulted on 5th March, 1993 and was admitted into the hospital for three days. MR. Majumder submits that in view of the harassing attitude of the superior authority for transferring him to a different place in order to avoid further harassment. However, even assuming that the said respondent No. 1/writ petitioner used filthy languages towards the superior authority then also the punishment of dismissal from service should be regarded as shockingly disproportionate which has been rightly held by the learned Single Judge. In our opinion, the aforesaid punishment of dismissal from service should be substituted by a lesser punishment.;