RAM PRAVESH RAM Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioner has filed this petition under Article 226 of the Constitution of India against the order dtd. 23/12/2010 (Annexure P/1), whereby the compulsory retirement of the petitioner was commuted to punishment of 30 days force detention and office memo dtd. 26/4/2011 along with the APAR report (Annexure P/1), wherein adverse entry has been entered/recorded by the reporting authority.

(2.) Brief facts of the case, as projected by the petitioner, are as under :-

(3.) Learned counsel for the petitioner submits that acts and omission of respondent authorities is unconstitutional, illegal, arbitrary and against the principles of natural justice. The impugned order dtd. 23/12/2010 (Annexure P/1) passed by the Appellate Authority to the extent of converting the sentence to 30 days force detention is without jurisdiction in terms of Sec. 51(e) of the ITBP Act. Learned counsel further submits that as the petitioner was holding the rank of substantive post of Havaldar and Sec. 51 (e), if allowed, would reduce the rank in terms of Sec. 51 (f) that cannot be done by the Appellate Authority. Learned counsel also submits that the downgrading ACR by taking the same ground of the summary punishment or the trial by summary Court and awarding an adverse pen picture on the same set of facts is double jeopardy in the eyes of law that has been settled in the matter of Lt. Governor Delhi and Ors v. HC Narinder Singh (2004) 13 SCC 342.