The appellant, a Sub Inspector of Police in the erstwhile State of Bihar, on formation of the State of Jharkhand, came to be allotted to the State of Jharkhand. While the appellant was in service in the larger State of Bihar, a disciplinary proceeding was initiated against him in the month of May 1999 in respect of an act of misconduct allegedly committed in 1998. Pursuant to the finding of guilt in the said enquiry, by order dated 26th December 2002 made by the Senior Superintendent of Police, Patna, the appellant was visited with punishment of withholding of one increment without future effect. However, his accomplice in the misconduct, one Arun Kumar Singh, was, for the same incidence of misconduct, visited with punishment of dismissal from service. The said order was challenged by the said Arun Kumar Singh before this Court in C.W.J.C. No. 942 of 2004. By judgment and order dated 17th January 2008 passed by this Court, the said C.W.J.C. No. 942 of 2004 filed by the aforesaid Arun Kumar Singh was dismissed. In answer to the question of equality raised by the said Arun Kumar Singh vis-avis the appellant, this Court observed, “ If the proceedings have been completed and the accomplice of the petitioner has had the benefit of the same this Court requires the respondents to re-examine the matter in the light of the order of this Court and the findings arrived at herein after issuance of notice to the concerned delinquent and hearing him. ”
