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PETITIONER: SHRI MEHNGA SINGH, EX-SUB INSPECTOR

       Vs.

RESPONDENT: INSPECTOR GENERAL OF POLICE, PAP,JALANDHAR CANTT. & ORS.

DATE OF JUDGMENT01/09/1995

BENCH: RAMASWAMY, K. BENCH: RAMASWAMY, K. HANSARIA B.L. (J)

CITATION:  1995 SCC  (5) 682        JT 1995 (6)   546  1995 SCALE  (5)215

ACT:

HEADNOTE:

JUDGMENT:                          O R D E R      Notice   was issued  on March  15, 1991  confinedto the      question of punishment.      Leave granted.  Heard learned counsel on both sides.      The appellant  had  unblemish  record  of  service  all through till  1989.   Pursuant to the promotion given to him as Inspector, he was to deposit the service revolver and six live cartridges.  It is his case that he had to share a room with two  other colleagues  as a  consequence of  which  the revolver and  six cartridges  were lost and unaccounted for. Therefore, exclusive liability may not be appropriate.      There is  an element  of possibility in the contention. In view  of the previous unblemish record of service and the plausible explanation  offered by  the appellant,  we are of the opinion  that the  extreme punishment  of dismissal from service may  not be  warranted.   Accordingly, we direct the respondents to  modify the punishment of dismissal as one of compulsory  retirement   so  that  the  appellant  would  be entitled to retiral benefits.      The appeal  is according  allowed.   There shall  be  a direction to  the respondents to issue appropriate orders as directed  above.    Consequently,  the  appellant  would  be entitled to all the terminal benefits which must be computed and paid  within six months from the date of receipt of this order.   His pension  is also directed to be released within the above period.  No costs.