Rajasthan HC Directs Reinstatement Of Constable 24 Yrs After Dismissal, Rules Different Punishment To Co-Delinquents Violates Article 14

Rajasthan High Court has directed reinstatement of a constable who was dismissed from service 24 years ago, ruling that imposing harsher punishment on a co-delinquent as compared to the other accused, when the charges against both the persons are same, violates right to equality under Article 14 of the Constitution. The counsel for the petitioner argued that the co-accused in the case was also dismissed on account of the same charge, however, he was later reinstated with a decreased penalty of withholding two annual increments. The Supreme Court substituted the order of compulsory retirement in place of dismissal of service to maintain parity in punishment among the co-delinquents ruling that otherwise, there would be violation of Article 14. The persons who have been found guilty can also claim equality of treatment, if they can establish discrimination while imposing punishment when all of them are involved in the same incident… Punishment should not be disproportionate while comparing the involvement of co-delinquents who are parties to the same transaction or incident.” The Court also observed that the petitioner was not provided with the show-cause notice and the inquiry report of the disciplinary authority as required under Rule 16 of the Rajasthan Civil Services Rules, 1958 that lays down the procedure for imposing major penalty.