2026:JHHC:8736 1 IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P. (S) No. 5194 of 2005 --------- S.C. Gupta S/o Late Tarachand Gupta at present working as Deputy Commandant, C.I.S.F 4TH Reserve Battalion P.O. & P.S. & District: Ranchi, Jharkhand, R/o 4TH Reserve Battalion, C.I.S.F, H.E.C., Dhurwa, P.O. & P.S.:-Dhurwa, Distt.:-Ranchi. ......Petitioner Versus 1. Union of India through its Secretary Ministry of Home Affairs, Government of India, New Delhi Room No.104, North Block New Delhi. 110001 2. Director General, Central Industrial Security Force, Ministry of Home Affairs, Block 13 CGO Complex Lodhi Road, New Delhi. 3. Deputy Inspector General (L&R) Block 13 CGO Complex Lodhi Road. New Delhi. 4. Union Public Service Commission, Dhopur House, Sahjhan Road New Delhi. 5. H.V. Chaturvedi Deputy Inspector General & Enquiry Officer CISF Unit BCCL, District-Dhanbad, Jharkhand. .....Respondents --------- CORAM: HON’BLE MR. JUSTICE DEEPAK ROSHAN --------- For the Petitioner(s) : M/s. Shray Mishra, Ritesh Ranajan, Advocates For the Respondent(s) : Mrs. Nitu Sinha, C.G.C. --------- 26/Dated:-26.03.2026 1. Heard learned counsel for the parties. 2. The instant writ application has been preferred by the petitioner praying therein for quashing and setting aside the order dated 04.01.2005 whereby the petitioner has been awarded the penalty of reduction to the next lower stage in the time scale of pay for the period of four years with a further direction that he will not earn increment of pay during the period of such reduction and on the expiry of such reduction the reduction will not have the effect of postponing the future increment of his pay. 3. Learned counsel for the petitioner contended that 2026:JHHC:8736 2 though there is no procedural irregularity but the order suffers from perversity in view of the fact that on the same and similar charge, the co-charged employee has been given lesser punishment and this petitioner has been given higher punishment. He contended that when the charge is one and the same and the cause of action being one and the same; there can’t be different punishment for different hierarchy. 4. He further draws attention of this Court towards page 35, which is the article of charge of this petitioner and also refers the order of the coordinate bench of this Court in the case of other petitioner. Relying upon these documents, he reiterates that at least, on the question of parity, the impugned order should be interfered with. 5. Learned counsel for the respondents in opposition has contended that the petitioner is relying upon the punishment of other co-charged employee, which is not sustainable because the other co-charged employee was of different hierarchy and the petitioner was Deputy Commandant. She further contended that even the charge was not same and similar of exact nature. 6. Having heard learned counsel for the parties and after going through the documents available on record, on the one hand, there is no procedural irregularity and on the other hand; after going through the impugned order of punishment, I don’t find any perversity. 7. So far as the contention of the petitioner with regard to parity is concerned; this Court is of the view that even for same 2026:JHHC:8736 3 cause of action where the different employees are involved, it is not necessary that all employees will get the same and similar punishment and it all depends on the area of responsibility and their respective duties. 8. In the instant case, the petitioner was a Deputy Commandant and accordingly, I don’t find any error in the punishment looking to his post and the dereliction of duty and also it was expected from the petitioner to inform the higher authorities. On the one hand, he did not check the truck in question and on the other hand; he did not inform the superior officer. 9. Looking to the overall facts and circumstances, I am not inclined to interfere with the order of punishment. 10. Accordingly, the instant writ application stands dismissed. Pending I.A., if any, also stands closed. (Deepak Roshan, J.) MARCH 26, 2026 vikas/- uploaded 08.04.2026