LAWS(DLH)-2018-1-16

SUNIL KUMAR Vs. UNION OF INDIA

Decided On January 05, 2018
SUNIL KUMAR Appellant
V/S
UNION OF INDIA Respondents

JUDGEMENT

(1.) The petitioner, a Sub-Inspector in the CRPF, has prayed for issuance of a writ of certiorari, for quashing the order dated 29.01.2015 passed by the respondent no.4/ Deputy Inspector General of Police, CRPF, whereby a penalty of stoppage of one increment for one year has been imposed on him. He has also prayed for quashing of the appellate order dated 01.05.2015 and the revisional order dated 12.03.2016 whereby his statutory appeal and revision petition have both been dismissed by the respondents. The petitioner has also prayed for restoration of his withheld increments.

(2.) The petitioner, who had initially joined the CRPF as an ASI/Clerk on 16.08.1990, was thereafter selected as a SI/Steno on 20.06.1991 by way of a Limited Departmental Competitive Exam, whereupon he was allotted a new force number, different from the force number which was already allotted to him upon his initially joining the CRPF as an ASI/Clerk. It appears that due to the allotment of two different force numbers to him, two separate GPF accounts in respect of the petitioner were being maintained even though as per the rules, only one GPF account ought to have been maintained.

(3.) In October 2005, the petitioner applied for part withdrawal of a sum of Rs. 6 lacs from his GPF account and the same was duly passed by the auditor based on the balance available in his GPF account, but while booking this casualty of withdrawing Rs.6 lacs for the quarter ending December 2005, the Pay and Accounts Office (herein after referred to as PAO) of the respondents/CRPF inadvertently debited only a sum of Rs. 60,000/- instead of Rs. 6 lacs from the petitioner's GPF account.