PARMANAND SHARMA Vs. STATE OF C G

JUDGEMENT

(1.) THE petitioner has filed this petition challenging the orders dated 30.9.1997 (Annexure P/2), 30.9.1998.(Annexure P/4) and 7.10.2002 (Annexure P/7) The admitted facts in nutshell are that the petitioner was working as Head Constable, Incharge of the General Canteen of 11th Battalion for the period from 1.6.1995 to 6.7.1996. On 6.7.1996 the charge to the post of Incharge of General Canteen was handed over to One Shri Samaylal, Assistant Platoon Commandant. On 17.4.1997, charge sheet containing several charges to the following effect was issued to the petitioner i.e. (i) the delinquent employee had not kept records legally and properly, (ii) he had not handed over charge in accordance with law and in time to his successor, (iii) during the transfer period without permission of the competent authority, he had purchased goods worth Rs. 67474.78 from different firms, (iv) he had obtained permission from Commandant for the month of September, 1995 but thereafter made changes in Srl. No. 77 of item ledger blade, separately, whereby general canteen was made to pay Rs. 8800/- for unrequired things and as such financial loss was caused, (v) in the months of 11/95, 4/96 and 6/96, he purchased the materials worth Rs. 2 Lacs without permission of the Commandant, (vi) he had manipulated canteen records by showing huge profit to mislead senior officers, and (vii) without proper permission he advanced materials and cash on loan to outsiders causing loss to the canteen.

(2.) A proper enquiry was held wherein one Shri P.K. Sinha, Assistant Commandant of the 11th Battalion was appointed as enquiry officer. The enquiry officer in his enquiry found charges No. 1, 2, 3 and 4 as not proved and charges No. 5, 6, and 7 as proved. Agreeing with the findings of the enquiry officer, the Respondent No.3 Commandant 11th Battalion, Special Armed Forces, Bhilai (as he, then was before bifurcation of the State of Madhya Pradesh on 1.11.2000) imposed punishment of reduction in rank from the post of Head Constable to the post of Constable for a period of one year without having any effect on the future increments etc. vide order dated 30.9.1997 (Annexure P/2).

(3.) BEING aggrieved the petitioner has filed this petition under Article 226/227 of the Constitution of India praying that the order of punishment dated 30.9.1997 (Annexure P/2) and the appellate order dated 30.9.1998 (Annexure P/4) be quashed. It was further prayed that the order dated 7.10.2002 whereby promotion of the petitioner to the post of Assistant Sub Inspector was denied on the ground that due to the imposition of major penalty i.e. reduction of rank, the petitioner was not entitled to consideration for a period of five years. The petitioner has further prayed that the consequently the petitioner be treated as Head Constable with effect from 30.9.1997.