The Director General Of Police, & Ors vs G.Dasayan on 28 January, 1998
10. The principle stated above is seen applied in few
judgments of this Court. The earliest one is DG of Police v. G.
Dasayan [(1998) 2 SCC 407 : 1998 SCC (L&S) 557] wherein
one Dasayan, a police constable, along with two other
constables and one Head Constable were charged for the same
acts of misconduct. The disciplinary authority exonerated two
other constables, but imposed the punishment of dismissal from
service on Dasayan and that of compulsory retirement on the
Head Constable. This Court, in order to meet the ends of
justice, substituted the order of compulsory retirement in place
of the order of dismissal from service on Dasayan, applying the
principle of parity in punishment among co-delinquents. This
Court held that it may, otherwise, violate Article 14 of the
Constitution of India.