UNION OF INDIA Vs. MANAGOBINDA SAMANTARAY

JUDGEMENT

(1.) Leave granted.

(2.) This case has a checkered history. The respondent - Managobinda Samantaray, a constable in the Central Industrial Security Force (CISF), detailed on a 'C' shift duty on the intervening night of 3rd and 4th of January 2000, for patrolling between Watch Tower No. 5 and Watch Tower No. 6 of National Thermal Power Corporation Plant, Kaniha was found to be sleeping at Watch Tower No. 5 by Officer ASI/Exe. B. Panda. It is alleged that the respondent had abused, misbehaved and assaulted the officer on the right shoulder with a short lathi. ASI/Exe. B. Panda was taken to the hospital for treatment.

(3.) The respondent was placed under suspension on 4/1/2000, and was served with the charge sheet. In the enquiry the charges were established and proved. The Disciplinary Authority vide order dtd. 15/7/2000 while agreeing that the charges were proved, took a lenient view and imposed penalty of reduction of pay by two stages, from Rs.3425.00 to Rs.3275.00 in the time scale of pay for a period of three years with immediate effect. Further, it was directed the respondent would not earn any increment of pay during the period of reduction and that on the expiry of three years, the reduction would have the effect of postponing his future increments of pay. The period of suspension commencing from 4 th January 2000 till the receipt of the order would be treated as non-duty for all purposes. For this period the respondent would not be entitled to any more pay and allowances except the subsistence allowance.