RAM MANOHAR Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioner has preferred the instant petition under Article 226 of the Constitution of India challenging the orders dtd. 16/5/2001 (Annexure P/1) passed by respondent No.2, 19/11/2000 (Annexure P/2) passed by respondent No.3 and 18/6/1999 (Annexure P/3) passed by respondent No.4 whereby the major punishment was imposed upon the petitioner.

(2.) Brief facts of the case as projected by the petitioner, are that the petitioner was posted as Constable in Central Industrial Security Force (CISF) Unit BALCO Korba. On 31/12/1998, petitioner along with Shri A.N. Jaidi was deployed for checking of all the incoming/outgoing material/vehicle at the gate. During checking, one vehicle bearing No. MIL-6205 loaded with material belonging to M/s Richu Industries (Contractor) was loaded. At the time of loading of the vehicle, petitioner checked the material and subsequently, first shift was over. Immediately, the BALCO Vigilance team standing outside the gate, seized the said vehicle outside the gate by challenging of excess loaded material thereon.

(3.) For this lapse, a departmental proceeding was initiated against the petitioner by the disciplinary authority and issued a Charge Memo dated 14/15/1/1999 and placed him under suspension w.e.f. 2/1/1999. Thereafter, petitioner submitted his reply and on examination of his reply, the Disciplinary authority decided to conduct detailed enquiry in the case. In the departmental enquiry, the charges leveled upon the petitioner were found proved and the disciplinary authority imposed the penalty of 'Reduction of pay to the minimum stage from Rs.3275.00 to Rs.3050.00 for a period of 05 years' vide order dtd. 18/6/1999 (Annexure P/3) treating his entire period of suspension from 2/1/1999 to 18/6/1999 as suspension only.