D. R. DESHMUKH Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioner has filed the instant petition for setting aside the order dtd. 8/5/2008 (Annexure P/1) passed by respondent No.2 in his revision petition as well as the orders dtd. 10/9/2007 (Annexure P/7) and 15/6/2007 (Annexure P/5) passed by respondents No. 3 and 4 respectively.

(2.) Case of the petitioner, in brief, is that a charge sheet was issued to the petitioner on 19/8/2006 by the respondent-department on the allegation that while he was on Sentry duty at RPF Post/Durg along with other constables, accused namely Yunus @ Khamman who was arrested on permanent warrant issued by SRM, Raipur in connection with Case No.02/92 under RP(UP) was kept out side of Hazat with handcuff and the said accused could manage to escape by removing the handcuff and absconded from the RPF custody. The above act of the petitioner tantamount to violation of Rule 146.2(i) of RPF Rules, 1987 which renders him liable for disciplinary action. Accordingly, departmental inquiry was conducted against the petitioner and vide order dtd. 15/6/2007 (Annexure P/5) respondent No.4 held him guilty of the charges and imposed punishment of reduction of pay in lower stage i.e. Rs.3050.00 in scale of 3050-4590 for five years with cumulative effect.

(3.) The petitioner challenged the said order in appeal but the same was also dismissed by respondent No.3 vide order dtd. 10/9/2007 (Annexure P/7). Thereafter, the petitioner filed a revision before respondent No.2 which also came to be dismissed vide order dtd. 8/5/2008 (Annexure P/1). The petitioner then filed a mercy petition which was returned on 13/12/2013 vide Annexure P/10. Hence this petition for the following relief: