High Court of Jharkhand dismissed a writ petition challenging dismissal of a police officer who allegedly took Rs. 400 from a shop cash box. The Court held punishment was proportionate despite co-accused receiving lighter penalty and rejected compromise reliance.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P(S) No. 353 of 2019
Sushil Kumar Singh …. …. Petitioner(s).
Versus
CORAM : HON'BLE MR. JUSTICE ANANDA SEN.
For the Petitioner(s) : Mrs. Binod KUmar, Advocate For the State : Mr. Sanjay Kumar Tiwari, SC-I Mr. Mihir Kunal Ekka, AC to SC-I
10/02.01.2023
Heard the parties.
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Some unknown miscreants by breaking open the shutter of a shop of one Dilip Goianka, were trying to commit theft. The miscreants, saw this petitioner and Rajesh Thakur who were on duty, thus they fled without committing theft leaving open the broken shutter. This petitioner and Rajesh Thakur entered the shop room and inspected and came out but later on immediately this petitioner went inside the shop again and from the cash box took away Rs.400/- while Rajesh Thakur was standing in front of the gate. On the aforesaid allegation charge-sheet was submitted against the petitioner and Rajesh Thakur. The Departmental proceeding continued and the Enquiry Report was submitted. The Enquiry Officer concluded that the petitioner is guilty of the misconduct. On receipt of report of the Enquiry Officer, after giving opportunity to the petitioner, the petitioner was dismissed from service and his appeal also stood dismissed.
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Thus, it cannot be said that the punishment is disproportionate. The punishment of dismissal is absolutely proportionate, which needs no interference.
(ANANDA SEN , J)
anjali/cp2
3 issues framed by the court
Whether dismissal is grossly disproportionate to the misconduct of taking money from a shop cash box.
Whether parity of punishment with a co-accused lacking specific involvement in theft is required.
Whether criminal case compromise can mitigate departmental punishment supported by objective evidence.
Sushil Kumar Singh
State of Jharkhand
Director General of Police, Jharkhand
Superintendent of Police, Bokaro
Deputy Inspector General of Police, Bokaro
Inspector General of Police, Bokaro
Ananda Sen
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
