Supreme Court - Daily Orders
Ramakant Singh vs State Of Bihar on 5 October, 2015
Bench: Fakkir Mohamed Ibrahim Kalifulla, Uday Umesh Lalit
IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NO. 8256 OF 2015
(ARISING FROM SLP (C) NO.4674/2015)
RAMAKANT SINGH APPELLANT(S)
VERSUS
STATE OF BIHAR AND ORS RESPONDENT(S)
O R D E R
Leave granted.
This appeal by way of special leave is listed after notice to the respondents. While issuing notice, we limited it to the question whether the punishment of dismissal can be converted into one of compulsory retirement or discharge from service to enable the appellant to reap the terminal benefits by virtue of the long service put in by him.
The appellant joined the service as a Constable in 1971 in the Bihar Military Police. He completed 29 years of service in the said post. He was proceeded against by way of disciplinary action and by order dated 29.4.2000 of the Commandant BMP-13, Darbhanga he was dismissed from service. The appeal against the order of dismissal was also dismissed by order dated 22.1.2001 by the D.I.G. The Director General of police also rejected his memorial through the I.G. of Police, Armed Force, Bihar, Patna by order dated 16.11.2001. The appellant's writ Signature Not Verified Digitally signed by Narendra Prasad petition was dismissed by order dated Date: 2015.10.08 16:57:48 IST Reason: 1.11.2007.
The charge against the appellant was that on seven occasions i.e. from 1981 to 1995 he 1 had indulged in misconduct in that he was stated to have used abusive language against the Company Commandant. In the police force which is a disciplined force, the conduct of the appellant was rightly found to be a grave one and, therefore, there can be no two opinions that the approach of the Disciplinary Authority as well as the Higher Authorities in having imposed the punishment of dismissal cannot be faulted. However, when it comes to the question of proportionality of the punishment by this Court, we are of the view that taking into account the long period of service, namely, 29 years, the denial of terminal benefits by affirming the order of dismissal would cause a serious prejudice not only to the appellant but to the family of the appellant as well who were dependent on him. Therefore, solely with that view, we feel that the order of punishment of dismissal can be modified into one of compulsory retirement and thereby enable the appellant to reap the terminal benefits.
The appeal is, accordingly, partly allowed to the extent that instead of dismissal, the order impugned shall be modified into one of compulsory retirement from the date of issuance of the order of punishment. After issuing the modified order of punishment, the respondent shall also pass appropriate orders for sanctioning the terminal benefits to the appellant. Such exercise shall be carried out by the respondents within three months from the date of receipt/production of a copy of this order.
2We make it clear that this order shall not be quoted as a precedent in any other case.
................................J. [FAKKIR MOHAMED IBRAHIM KALIFULLA] ................................J. [UDAY UMESH LALIT] NEW DELHI;
OCTOBER 05, 2015.
3
ITEM NO.60 COURT NO.7 SECTION XVI
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
Petition(s) for Special Leave to Appeal (C) No(s). 4674/2015
(Arising out of impugned final judgment and order dated 03/07/2014 in LPA No. 279/2009 passed by the High Court of Judicature at Patna) RAMAKANT SINGH Petitioner(s) VERSUS STATE OF BIHAR AND ORS Respondent(s) (with office report) Date : 05/10/2015 This petition was called on for hearing today.
CORAM :
HON'BLE MR. JUSTICE FAKKIR MOHAMED IBRAHIM KALIFULLA HON'BLE MR. JUSTICE UDAY UMESH LALIT For Petitioner(s) Mr. V.K. Sharma,Adv.
Mr. Ranbir Chhillar,Adv.
Mr. Anil Kumar Gautam,Adv.
For Respondent(s) Mr. Samir Ali Khan,Adv.
UPON hearing the counsel the Court made the following O R D E R Leave granted.
The appeal is partly allowed in terms of the signed order.
(NARENDRA PRASAD) (SHARDA KAPOOR)
COURT MASTER COURT MASTER
(Signed order is placed on the file) 4