DINESH UNIYAL Vs. UNION OF INDIA & ANOTHER

JUDGEMENT

(1.) The petitioner in the instant case assails the disciplinary proceedings initiated against him pursuant to a chargesheet dated 18th May, 2007; the disagreement note dated 2nd March, 2009 issued by the disciplinary authority; the advice of the UPSC dated 31st March, 2010 and a final order dated 21st May, 2010 issued by the disciplinary authority holding against the petitioner and imposing the penalty of withholding of one increment for a period of one year without cumulative effect as well as the order dated 9th June, 2011 rejecting the petitioner?s statutory memorandum.

(2.) The facts giving rise to the present petition are within a narrow compass. The instant case is concerned with an advertisement issued in September 2000 for recruitment of Constables/General Duty (CT/GD) in the Central Reserve Police Force (CRPF). The petitioner was posted at Lucknow and was initially inducted as a member of the Lucknow Recruitment Board which was headed by one Sh. Joginder Singh, Commandant. The petitioner?s name was included in the Recruitment Board pursuant to an amending order dated 17th December, 2003 whereby he was appointed as the Presiding Officer.

(3.) The petitioner assigned specific duties to the various members of the Lucknow Recruitment Board vide a communication dated 19th December, 2003. So far as the task of compilation of the result and roll of the merit list of SC/ST/OBC (male/female) was concerned, the petitioner had assigned the same to Sh. C.M. Thomas and himself.