Balmiki Singh v. The Union Of India And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.1391 of 2015 ====================================================== Balmiki Singh Son of late Ram Bilas Singh resident of village and P.O Dullapur, P.S. Semri District Buxar.

.... .... Petitioner/s

Versus

1. The Union of India Through the Secretary, Ministry of Home Affairs, New Delhi.

2. The Union of India through Director General of Police, C.I.C.F., New Delhi.

3. The Inspector General of Police, CISF, Eastern Sector, C I S F Office Complex , Boring Road, New patliputra Colony, Patna-13.

4. The Deputy Inspector General of Police CISF Unit B S P ( Raurkela), Sundargarh, Orissa.

.... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Uday Shankar Sharan Singh, Adv For the Respondent/s : Mr. Sanjay Kumar(ASG) ====================================================== CORAM: HONOURABLE MR. JUSTICE MIHIR KUMAR JHA ORAL JUDGMENT 09-03-2015 Heard learned counsel for the parties.

Having regard to the fact that the petitioner's order of punishment of compulsory retirement not only was affirmed by the appellate authority but was also upheld by this Court in the judgment dated 05.04.2013 passed in C.W.J.C No. 19897 of 2012 and the appeal against the said order of judgment was sought to be withdrawn by the petitioner with a leave to raise the issue of quantum of punishment, this Court now cannot reopen the matter specially when the order of

Patna High Court CWJC No.1391 of 2015 (3) dt.09-03-2015 compulsory retirement was again affirmed while disposing of the representation of the petitioner and has been kept intact by the respondents.

The issue relating to quantum of punishment in departmental proceeding essentially cannot be made subject matter of judicial review unless the same is shocking to the conscience. This Court, does not find any such reason to interfere with the order of punishment which as noted above has been upheld in the earlier inter parte judgment.

In any event, law as with regard to judicial review in the matter of quantum of punishment stands settled by the judgment of the Apex Court in the case of Union of India & Anr vs K.G. Soni reported in 2006(6) SCC 794.

That being so, this writ application must fail and is, accordingly, dismissed.

(Mihir Kumar Jha, J) Ranjan/- U