TP SELVAM Vs. GROUP COMMANDANT CISF AND ORS.

JUDGEMENT

(1.) THE petitioner was subjected to disciplinary proceedings with regard to allegations relating to an incident which occurred on 24th April, 2007. The disciplinary authority accepted the report of the inquiry officer by an order passed on 15th October, 2007 holding that both charges against the petitioner stood proved. The disciplinary authority had imposed the punishment of compulsory retirement of service upon the petitioner.

(2.) ON appeal, the appellate authority by its order dated 18th March, 2008, confirmed the findings of culpability of the petitioner. However, the penalty was reduced to reduction of pay by two stages i.e. from Rs.4,305/ -to Rs.4,135/ -in the time scale of pay (Rs.3200 -85 -4900) for two years from the date of rejoining in service. It was further directed that he would not earn increments of pay during the period of reduction and that on expiry of this period, the reduction would have the effect of postponing his future increments of pay. It was further directed that the reduction would have the effect of postponing his future increments of pay.

(3.) IT is explained by learned counsel for the petitioner that the petitioner was a poor head constable who has been posted at different places. He, therefore, had difficulty in accessing the legal advice as well as taking the requisite steps for filing the revision petition within the stipulated time. We find the explanation rendered for the delay in filing the revision petition as not only plausible but reasonable and bona fide. This explanation is accepted. As a result, the order dated 23rd February, 2009 cannot stand.