Indicating that it may consider a probe of all commands instead of limiting it to south western command from where the racket was unearthed, a bench headed by Justice H L Dattu said punishment awarded to erring officers, some of whom are of the rank of Major, Lt Colonel, Colonel etc are "not commensurate with the gravity of the offence" and "shocks the conscience of the court".
The bench, also comprising Justice S A Bobde, said in view of the "seriousness" and "gravity of the situation", Attorney General Mukul Rohatgi should seek instructions from the government and respond as to "why not the scope of the writ petition be enlarged to hold inquiry in all the commands and why not the punishment awarded be set aside and court of inquiry be considered afresh for enhancing it".
"We are not satisfied with the punishment. Punishment is not commensurate with the gravity of the offence," the bench said and added that "there have been cases that this court has not interfered with the punishment of removal to cadets or constables for drunken brawl keeping in view the discipline to be maintained".
The bench noted that what has emerged from the probe in the Ganganagar district of Rajasthan, where the army unit is under the south western command, is the "tip of the iceberg".
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