ADRUSHAPPA GURAKANAVAR Vs. INSPECTOR GENERAL CISF SS HQRS

JUDGEMENT

(1.) The petitioner was enrolled as a member of Central Industrial Security Force (hereinafter referred to as 'CISF') on 21.12.1990 and having been appointed as a constable, was posted at ONGC Nazira in Assam. While was working at New Mangalore Port Trust, Mangalore, he was dealt with under Rule 36 of CISF Rules (for short 'the Rules') as per Office Memorandum dated 29.03.2006 on the following charges:

(2.) Departmental enquiry was ordered and an Enquiry Officer was appointed, who after conducting the departmental enquiry, submitted report, wherein it was held that the charges levelled against the petitioner as proved. A copy of the enquiry report was furnished to the petitioner along with show cause notice dated 04.09.2006. The petitioner submitted representation against the enquiry report. Considering the record of enquiry, the Disciplinary Authority agreed with the findings of the Enquiry Officer and held the petitioner guilty of the charges framed against him and in exercise of the powers conferred under Rule 32, awarded the punishment of 'Removal from Service' as per final order dated 05.10.2006. The period of suspension, was ordered to be treated as suspension only.

(3.) Being aggrieved by the said order, the appellant filed an appeal, which was considered by the Appellate Authority, who did not find any ground to absolve the petitioner from the charges levelled in the charge sheet dated 29.03.2006. However, in order to give one more chance to the appellant to mend himself and to serve the Force, the Appellate. Authority modified the penalty of 'Removal from Service' to that of ''Reduction of pay by two stages from Rs. 3,800/- to Rs. 3,650/- in the time scale of pay of Rs. 3050-75-3950-80-4590 for a period of two years'. It was further directed that, 'he will not earn increments of pay during the period of reduction and that on expiry of the period, the reduction will have the effect of postponing his future increments of pay'. The petitioner was ordered to be reinstated into service and was directed to report at CISF 6th Res Bn Arakkonam.