Bijit Kumar Ray vs The State Of Assam
2022 Latest Caselaw 4758 Gua

                                                                  Page No.# 1/2

GAHC010013972018




                       THE GAUHATI HIGH COURT
  (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

                          Case No. : WP(C)/508/2018

         BIJIT KUMAR RAY
         VILL- GAURIPUR, WARD NO.1, P.O. GAURIPUR, DIST- DHUBRI, ASSAM



         VERSUS

         THE STATE OF ASSAM
         REP. BY THE SECRETARY TO THE GOVT. OF ASSAM, HOME AFFAIRS,
         DISPUR, GHY-6

         2:THE DIRECTOR GENERAL OF POLICE
         ASSAM
          ULUBARI
          GHY-9

         3:THE INSPECTOR GENERAL OF POLICE
         ASSAM
          ULUBARI
          GHY-9

         4:THE DEPUTY INSPECTOR GENERAL OF POLICE (A.P)
         ASSAM
          ULUBARI
          GHY-9

         5:THE COMMANDANT
          8TH ASSAM POLICE BATTALION
         ABHAYAPURI
          P.O. ABHAYAPURI
          DIST- BONGAIGAON
         ASSAM
          PIN-78338
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Advocate for the Petitioner   : MR. M CHANDA

Advocate for the Respondent : GA, ASSAM

                                 BEFORE
            HONOURABLE MR. JUSTICE ACHINTYA MALLA BUJOR BARUA

                                      O R D E R

02.12.2022

The petitioner by relying upon paragraph 9 of the judgment of the Hon'ble Supreme Court in Ajendra Yadav -vs- State of Madhya Pradesh and others, reported in (2013) 3 SCC 73, which is available at page 130 of the writ petition, takes a stand that when the other co-delinquents were given a lesser punishment, a more stringent punishment of removal of service had been imposed upon the petitioner.

We have read paragraph 9 of Ajendra Yadav (supra), which provides that the disciplinary authority cannot impose punishment which is disproportionate i.e. lesser punishment for serious offence and stringent punishment for lesser offence.

The petitioner may substantiate the fact of the case vis-à-vis the facts of the other delinquents that a lesser punishment was given for more serious offence and a stringent punishment for a lesser offence.

List the matter again on 15.12.2022.

JUDGE

Comparing Assistant