S.N. PANDEY Vs. UNION OF INDIA

JUDGEMENT

(1.) Since the present batch of writ petitions involve common question of law and facts, they were clubbed together, heard together and are being disposed of by a common order.

(2.) The present writ petitions have been preferred under Article 226 of the Constitution of India against the orders passed by the respondent authorities, whereby the petitioners have been imposed punishment of stoppage of one increment without cumulative effect for a period of 3 years.

(3.) Brief facts of the case are that the petitioners were working as Constable in the Central Industrial Security Force Department, Bhilai Steel Plant under the Central Industrial Security Force Rules, 2001 (henceforth -the Rules, 2001-). On 9/7/2012, a report was lodged by the CPS Store Incharge alleging that Electrode SPAC of 95 kg and SP Electrode of 65 kg amounting to Rs.8,59,554.00 was missing, upon which FIR bearing Crime No.110/2012 was lodged under Ss. 457/380 of IPC. Resultantly, the charge sheet was issued against the petitioners about negligence of performing duties, as they were on duties at the relevant point of time at various shifts and it was regarded that because of their negligence, the theft has been committed. They petitioners filed reply to the show cause notices and explained their say in the matter. Subsequently, charges were framed against them and punishment of stoppage of one increment for three years was imposed upon them. Against the order of the Disciplinary Authority, the petitioners preferred an appeal before the Appellate Authority i.e. the Commandant, CISF, Bhilai, which stood dismissed. Subsequently, revision was also preferred before the Revisional Authority i.e. the Deputy Inspector General, CISF, Bhilai, but the same also got dismissed. Hence, the present petition has been filed by the petitioners.