Arbitrary disciplinary punishment cannot survive when similarly placed employees are treated differently in State action.

Departmental punishment was found unsustainable where the appellant and a similarly placed subordinate were treated differently in relation to the same incident, with the primary actor exonerated while the appellant was penalised. Such selective treatment was held unfair, arbitrary and unreasonable, contrary to the constitutional requirement that State action be fair, non-discriminatory and reasonable. The civil courts' concurrent refusal to interfere was also undermined because the High Court dismissed the second appeal without framing or considering the substantial questions of law raised. The punishment order and the affirming orders were set aside, and the challenge succeeded.

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Issues: Whether the departmental punishment imposed on the appellant, and the concurrent dismissal of his challenge by the civil courts, were unsustainable for discriminatory and arbitrary treatment in violation of equality and fairness principles.

Analysis: The appellant and the concerned subordinate were similarly placed in relation to the incident arising from the transport of liquor in the government vehicle. The disciplinary action against the appellant was maintained while the subordinate, who was the primary actor, was exonerated in the appellate process. Such differential treatment in the matter of departmental punishment was found to be unfair, arbitrary and unreasonable. The High Court also dismissed the second appeal without framing or considering the substantial questions of law raised under the civil procedure framework, which reinforced the unsustainable nature of the impugned decision. The Court applied the constitutional mandate of equality and the requirement that State action must be fair, non-discriminatory and reasonable.

Conclusion: The punishment order and the affirming orders were held unsustainable, and the appellant's challenge succeeded.

Ratio Decidendi: Equality in State action forbids discriminatory treatment between similarly situated persons, and an administrative punishment that is arbitrary or selectively imposed is liable to be set aside.

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