SANJEEV KUMAR Vs. CISF

JUDGEMENT

(1.) THIS writ petition has been filed by the petitioner challenging the final order passed by the Disciplinary Authority on May 15, 2012 whereby the petitioner has been awarded the penalty of reduction of pay by two stages for a period of two years with immediate effect with further direction that during the period of reduction he will not earn increments and on expiry of the period the reduction will have the effect of postponing his future increments of pay.

(2.) THE appeal filed by the petitioner was rejected by the Competent Authority on June 07, 2012 and the revision preferred thereafter has also been dismissed by a reasoned order on March 14, 2013. After exhausting statutory remedies available to him under the CISF Act, 1968 and CISF Rules, 2001 the petitioner has invoked the writ jurisdiction of this Court praying for the direction to the respondent to withdraw the order dated May 15, 2012 and restore the original pay grade of the petitioner as well grant him subsequent increments with arrears.

(3.) BACKGROUND facts in nutshell are as follows: - Petitioner is a Constable in CISF. On November 08, 2011 while posted as Constable/GD at CCIL Unit, CCIL, Tughlakabad, New Delhi, he was performing duty during second shift, in respect of an incident reported by HC/GD Mahender Pal PW -1 for forcibly taking away the money from a civilian namely Manoj Kumar Paswan, Seal Cutter and giving the same to Constable/GD D.K.Sharma, a memorandum of chargesheet was issued on December 12, 2011 against the petitioner with following Article of Charge: -