S C PARASHAR Vs. UNION OF INDIA

JUDGEMENT

(1.) LEAVE granted.

(2.) THE respondent was a Deputy Commandant in 42 Bn. of Central Reserve Police Force (CRPF). He, in the month of December, 1992, was acting as Officer-in-charge of DAGOs in Delhi in connection with 53rd CRPF anniversary parade which was to be held during the period December, 1992 and January, 1993. He was given a new Maruti 'Gypsy' for performing official duties. He allegedly drove the said Maruti unauthorisedly and at a very high speed beyond his jurisdiction and met with a serious accident when the said vehicle collided with a stationary truck between Manesar and Delhi on National Highway No.8. THE driver of the said Gypsy L/Nk Anand Singh suffered serious injuries on his person. THE respondent, however, left the vehicle unattended. He also left the said driver in an unconscious state. He also did not inform headquarters about the said accident.

(3.) HAVING-regard to the nature of penalty imposed upon the respondent, the counsel appearing on behalf of Union of India contended before the High Court that the same was imposed in terms of clause (a) of sub- Rule (iii) of Rule 11 of the CCS (CCA) Rules (CCS Rules). The High Court, while refusing to go into the relevancy or otherwise of the material brought on record in the departmental proceeding found that penalty was imposed in violation of the said Rule on the premise that sub-Rule (iii)(a) of Rule 11 provides only for a minor penalty and thus in terms thereof reduction of pay for a period of three years should not have been directed to be effected with cumulative effect. Consequently, it was directed: