Shashi Kant Ojha vs Union Of India & Ors on 19 August, 2011

IN THE HIGH COURT OF JHARKHAND AT RANCHI
          L.P.A. No. 101 of 2011
                   With
           I.A. No. 764 of 2011

Shashi Kant Ojha                                  ...    Appellant
                     Versus
Union of India & Ors.                             ...    Respondents.
                     -------
CORAM:      HON'BLE THE ACTING CHIEF JUSTICE
             HON'BLE MR. JUSTICE H.C.MISHRA
                   ------
For the Appellant   :          Dr. S.N.Pathak, Sr. Advocate
For the Respondents :          Mr. Faiz ur Rahman, CGC

                      ------

Order No. 07                         Dated 19th August, 2011

1.   The delay of 259 days in filing the L.P.A. is condoned.

2.   Heard learned counsel for the parties on merit.

3.   The appellant was charge-sheeted and we have

perused the charge as referred in the order (Annexure-8)

and we are of the considered opinion that it is a case of

gross indiscipline in the armed force as well as playing

with the security and further abusing the officers and not

accepting   the    order       of   suspension     and    thereafter

remaining absent from duty and before this incident of

14.04.2006

, followed by the incident of 15.04.2006 and

16.04.2006, the appellant was also found guilty on earlier

occasion for the charge of threatening the higher officers.

4. Learned counsel for the appellant could not draw our

attention towards unfairness in the enquiry or not

following the rule of procedure in the enquiry. The findings

are based on the evidence and so far as quantum of
punishment is concerned, we are of the opinion that the

awarded punishment cannot be said to be disproportionate

to the guilt of the appellant. Therefore, learned Single

Judge was wholly justified in dismissing the writ petition of

the petitioner. Hence, the L.P.A. is dismissed.

(Prakash Tatia, A.C.J.)

(H.C.Mishra, J)        

Raman/Birendra