VIPAT SINGH Vs. UNION GOVT. OF INDIA

JUDGEMENT

(1.) Challenge in this petition is to the order dated 04.02.2004 (Annexure P-1), passed by the Dy. Commandant (Plant), Central Industrial Security Force Unit, BSP, Bhilai (for short 'CISF'), whereby, a minor penalty of withholding of one increment for two years without having adverse affect on future increments was imposed, against the petitioner, who was working as Constable (CISF).

(2.) The facts, in brief, are that when the petitioner was posted as Constable (CISF) in MSDS-II Guard Room, Bhilai Steel Plant, a charge sheet was issued on 13.1.2004 (Annexure P/7). The first charge was that on 28.11.2003 the petitioner caught hold of one contractor's employee namely; Rajendra Prasad, S/o Akshayvar and without information to the higher authorities, seized the gate pass of Rajendra Prasad and left him. Secondly, on 2.12.2003, the petitioner entered into the house of said worker, unauthorizedly, to collect bribe money. On being identified by the members of the Vigilance Cell, the petitioner left the residence causing damage to the image of the force and had shown the high degree of indiscipline. The charge sheet has been issued under Rule 37 of the Central Industrial Security Force Rules, 2001 (for short 'the Rules, 2001'). The petitioner submitted his reply on 21.1.2004 (Annexure P/4) denying the allegations of seizing of gate pass and also making unauthorized entry into the house of Rajendra Prasad for the purpose of collecting the bribe money.

(3.) The Disciplinary Authority having examined the response submitted by the petitioner and other facts, imposed the penalty, as aforestated. Thereagainst, the petitioner preferred an appeal to the Commandant and asked for certain documents in appeal. The same was rejected and communicated to the petitioner by letter dated 23.2.2004 (Annexure P/6). The Appellate Authority after having examined the case at length dismissed the appeal by order dated 28.4.2004 (Annexure -P/2). Thus, this petition.