MD. DILSER KHAN Vs. CENTRAL INDUSTRIAL SECURITY FORCE

JUDGEMENT

(1.) The instant petition under Article 226 of the Constitution of India has been filed by the petitioner against the order dtd. 28/4/2011 (Annexure P/4) whereby by the petitioner was awarded punishment of reduction of pay by two stages for a period of three years with cumulative effect. He further challenged the order dtd. 17/8/2011 (Annexure P/3) whereby his appeal was rejected, order dtd. 18/3/2013 (Annexure P/2) whereby the petitioner was punished with penalty of dismissal from service and also order dtd. 15/7/2013 (Annexure P/1) whereby his appeal was rejected by the appellate authority.

(2.) Brief facts of the case as mentioned in the petition, are that the petitioner was initially appointed as constable in the Central Security Force (for short 'the CISF' ) by order dtd. 25/8/2008 (Annexure P/5). After completion of basic training, he reported to the CISF Unit, CPT, Cochin on 16/3/2009. After reporting, the petitioner met with the constable namely Sambjai Patil Ananda and lady constable namely Ku. Rinki. During his posting at CISF unit, Cochin he used to talk with them as colleagues and the petitioner was having good relation with other colleagues in the unit. On 31/8/2010 (Annexure P/6), the lady constable namely Ku. Rinki lodged a report before the higher authorities alleging ill behaviour of the present petitioner with her. The complaint does not reflect the date and time of the incident and the allegations were not particular against the petitioner. The said complaint was lodged at the instance of Constable namely Sambjai Patil Ananda. On the basis of said complaint, an enquiry committee namely Enquiry by Complaint Committee on Sexual Harassment was constituted and the enquiry committee enquired the matter by recording statements of the petitioner, complainant, other colleagues and the authorities of the petitioner. Ultimately, the enquiry report was submitted by the enquiry committee before the concerned authority vide Annexure P/7. On the basis of the aforesaid report, on 28/4/2011 (Annexure P/4), the final order was passed by respondent No.5 by exercising power under Rule 32 of the Central Industrial Security Force Rules, 2001 (hereinafter referred to as "the CISF Rules") by imposing penalty of reducing the pay of the petitioner by two stages for a period of three years and further ordered that he shall not earn increment during the said period and it shall have the effect of postponing his future increments of pay.

(3.) In pursuance of the order of Inspector General/SS, Chennai, letter No.7281 dtd. 17/9/2010, the complaint committee directed the petitioner to attend the enquiry and accordingly, the petitioner attended the preliminary hearing and appeared before the complaint committee as and when required. Though, the petitioner was served with the enquiry report of the complaint committee, but he was not given a chance to submit the representation and the complaint committee proceeded without issuing any charge/memorandum under Rule 36 of the CISF Rules and no departmental enquiry was conducted, as per the relevant provisions of law. Being aggrieved by the order dtd. 28/4/2011 (Annexure P/4), the petitioner preferred an appeal (Annexure P/8) before respondent No.4 in the month of May, 2011. The said appeal of the petitioner was rejected by respondent No.4 vide order dtd. 17/8/2011 (Annexure P/3). Being aggrieved by the same, the petitioner preferred a revision (Annexure P/9) before respondent No.3 questioning the said order. The revisional authority while entertaining the revision issued a show cause notice dtd. 13/9/2012 (Annexure P/10) proposing major punishment of 'dismissal from service' to the petitioner by exercising power under Rule 54 of the CISF Rules. In the said show cause notice, the respondent No.3 directed the petitioner to make a representation against the proposed penalty within a period of 15 days from the date of receipt of the notice and failing which it would be presumed that he has nothing to represent and ordered as deemed fit without giving any further notice.