RAM NARESH Vs. UNION OF INDIA AND ORS.

JUDGEMENT

(1.) Penalty of reduction of pay by two stages i.e. from Rs. 7860/ - to Rs. 7290/ - in the time scale of pay Rs. 5200 -20200/ - + Rs. 2000/ - (Grade Pay) for a period of one year with the rider that petitioner will not earn increments of his 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, is assailed in this petition by petitioner, who was working as Constable of Central Industrial Security Force (CISF) Unit, SSG, Greater Noida (U.P.) in the year 2010.

(2.) Vide Office Memorandum of 12th September, 2011, charge - sheet under Rule 36 of the CISF Rules -2001 was issued. The Article of Charge upon which petitioner was departmentally tried reads as under: -

(3.) Petitioner had given a reply to the Memorandum of Charge, which was not found to be satisfactory, and in the Inquiry conducted, nine witnesses were got examined. The material evidence is of the complainant -Sergeant Ramashray Ram (PW -1), uncle of Anand Kumar, who had also deposed before the Inquiry Officer. Apart from this, there is evidence of father as well as brother of above -said Anand Kumar as well as of Constable -Deepak Kumar Rao.