- (1.) Heard Mr. Jitendra Nath, learned counsel for the petitioner and Mr. Krishna Shankar, JC to learned Advocate General.
(2.) THE petitioner in the instant case has prayed for quashing the order of punishment dated 24.9.1999 by which he has been inflicted with the punishment of forfeiture of increments for six months which is equivalent to one black mark passed in Departmental proceeding. This apparently has been passed pursuant to Departmental proceeding No. 11/99 conducted by the Commandant BMP 12 Tatisilve, Ranchi now redesignated as Jharkhand Armed Police -11, Tatisilve, Ranchi. According to the police, he was employed as Driver and on 2.5.1999 he was directed by the Officer Incharge of the Motor Transport to carry the dead body of another driver who had died. Inspite of that order, the petitioner disobeyed and left the premises. Thereafter, charges were framed and departmental proceedings initiated in which the petitioner was given adequate opportunity but he was ultimately found guilty. Finally, the order was passed.
(3.) THE punishment, in the opinion of this Court, is not shockingly disproportionate. After all the petitioner was a member of a disciplined Force where discipline is the key word which must be observed. The petitioner not having obeyed, the respondents rightly proceeded against him and the punishment that has been imposed upon him is the minimum that could have been done. It is neither shocking nor disproportionate.;