DASHRATH LAL YADAV Vs. UNION OF INDIA

JUDGEMENT

(1.) This petition has been filed by the petitioner with the following prayers:

(2.) The primary challenge in the petition is to the orders passed by the Disciplinary Authority, Appellate Authority and the Revisional Authority whereby the penalty of reduction of pay by one stage from Rs.42,300.00 to Rs.41,100.00 in the time scale of pay level 6 (Rs.35,400.00 to Rs.1,09,100.00) for a period of one year with immediate effect with a further direction that petitioner will not earn increments of pay during the period of reduction and on expiry of the period of reduction will have the effect of postponing his future increments of pay imposed by the Disciplinary Authority has been upheld by the Appellate and Revisional Authorities. The proceedings were held after the issuance of chargesheet dated November 26, 2021. The charges framed against the petitioner are the following:

(3.) The Enquiry Officer after concluding the proceedings has held (1) that the petitioner refused to proceed on duty as directed by the Company Commander. (2) that it is established that the petitioner proceeded for duty after receiving the written order. (3) that the duty party headed by the petitioner left the line after a delay of 1.30 Hrs. (4) that the petitioner had told HC/GD Sukhwant Singh not to proceed for duty and take rest and as such prevented him from performing his duty.