The High Court dismissed a writ review petition challenging punishment orders for alleged misconduct. The court held that allegations of bribe acceptance against the petitioner were not comparable to allegations of bribery offered by another employee, thus no discrimination existed.
Review petition dated 19th April, 2018 dismissed.
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7HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
D.B. Writ Review No. 165/2018
Vishnu Kumar Gupta, S/o Late Shri Ram Sahai Gupta , R/o 43/9/7, Swarn Path, Mansarovar, Jaipur.
----Petitioner
Versus
----Respondents
For Petitioner(s) : Mr.Sanjeev Kumar Sogarwal For Respondent(s) :
HON'BLE MR. JUSTICE MUNISHWAR NATH BHANDARI HON'BLE MR. JUSTICE DINESH CHANDRA SOMANI
Judgment
13/07/2018
This review petition has been filed on the ground of discrimination in punishment. It is stated that in regard to similar delinquency by one Mr.Vinod Bhandari, UDC (since retired), lesser punishment was inflicted.
To demonstrate the allegation against Mr.Vinod Bhandari, the documents have been produced along with the application for taking it on record. While considering the application, we have considered even the review petition and find that allegations against two employees namely Mr.Vinod Bhandari and the petitioner are not same or similar. In the instant case,
(2 of 2)
[WRW-165/2018]
allegation against the petitioner is for demand and acceptance of bribe for processing the case file. The charges against the petitioner were found proved and it is otherwise serious in nature because the petitioner is employee of the High Court and indulged in demand and acceptance of bribe.
The allegation against the other employee namely Mr.Vinod Bhandari is not for demand and acceptance of bribe but is for offering bribe to an Advocate in reference to SB Criminal Misc. Bail Application No.1817/1997 where co-employee was involved.
We find that allegations against two employees are not common and similar. The gravity of misconduct remains more when an employee of the High Court demand and accept the bribe. In the case of other employee Mr.Vinod Bhandari, he offered bribe to the Advocate. The delinquencies are not comparable so as to hold discrimination in inflicting the punishment.
Accordingly, we do not find any ground to review the order dated 19th April, 2018.
The review petition is accordingly dismissed.
(DINESH CHANDRA SOMANI),J
Preeti/24
Vishnu Kumar Gupta
High Court Of Judicature For Rajasthan At Jodhpur Through Its Registrar General
The Appellate Authority, The High Court Of Judicature For Rajasthan At Jaipur Bench
The Registrar General Cum Disciplinary Authority, Rajasthan High Court
Munishwar Nath Bhandari
Dinesh Chandra Somani
As recorded by the court registry
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