RANDHIR SINGH Vs. CENTRAL INDUSTRIAL SECURITY FORCE

JUDGEMENT

(1.) THE petitioner has challenged the order dated 15th February, 2006 and order dated 30th June, 2007 imposing major penalty on the petitioner of "reduction of pay by three stages from Rs.3800 to 3575/- in the time scale of pay of Rs.3050-75-3950-80-4590/- for a period of 2 years with further directions that the petitioner will not earn increment of pay during the period of reduction and that on expiry of this period, the reduction will have the effect of postponing his future increments of pay."

(2.) THE petitioner was appointed as a constable in Central Industrial Security Force on 28th June, 1988 and was on deputation with Delhi Administration Police, New Delhi on September, 2001. THE petitioner contended that Central Industrial Security Force is under the Ministry of Home Affairs having its headquarter at New Delhi and Deputy Inspector General is one of the subordinate officers and he was the appellate authority of the petitioner.

(3.) THE petitioner denied the charges made against him. However, the disciplinary authority proposed a departmental enquiry under Rule 36 of CISF Rules, 2001. THE petitioner objected to conduct of departmental enquiry by the respondents and relied on Rule 41 of CISF Rules, 2001 and contended that the disciplinary proceedings should have been commenced and concluded by Delhi Police and not by the respondents. Rule 41 of CISF Rules, 2001 is reproduced for the sake of reference which as under: