‘Parity Of Punishment’: Gujarat High Court Reduces Deduction Of Pension From 100% To 25% Of Sub-Inspector Accused Of Aiding Escape Of Prisoner

Case: Anopsinh Harisinh Bhagora VS State Of Gujarat & 2 Other(S)

Coram: Justice AY Kogje

Case No.: C/SCA/17422/2016

Court Observation: “The burden of proof in the departmental proceedings is not of beyond reasonable doubt as is the principle in the criminal trial but probabilities of the misconduct.Union of India and others v/s. Dalbir Singh Union of India and others v/s. Dalbir Singh Union of India and others v/s. Dalbir Singh Union of India and others v/s. Dalbir Singh”

“In this view of the matter, the Court deems it judicious to consider the case of the petitioner on the ground of parity with other delinquent. Hence, the punishment inflicted of 100% withdrawal of the pension to be harsh punishment and hence, it is deemed fit to modify the impugned order to the extent of punishment.”

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