M. BHUSHAN SAKLANI Vs. UNION OF INDIA

JUDGEMENT

(1.) The case of the appellant is that he was a constable in the Central Industrial Security Force. Charges were framed against him for misbehaving with the superior officers. He was issued a charge-sheet. The charges were proved against the appellant and a punishment to pay fine equal to three days pay was awarded to him. Subsequently, the superior officer other than the one who awarded the punishment, by exercising his powers under Rule 54 of the Central Industrial Security Force Rules, 2001, set-aside the punishment awarded to the appellant and ordered major disciplinary proceedings against the appellant under Rule 54 of the CISF Rules, 2001.

(2.) The proceedings were conducted. The earlier order of punishment was set-aside, since it was not in commensurate with the gravity of delinquency committed by the appellant as it was found that on six previous occasions he was awarded punishment out of which, on four occasions it was for misbehaving, abusing and using un-parliamentary language with senior officers. Thereafter, major disciplinary proceedings under Rule 36 of the CISF Rules, 2001 were initiated and a charge-sheet was given to the appellant

(3.) In the disciplinary proceedings, the charges against the appellant were found to be proved and thereafter, punishment of reduction in lower pay scale by three stages for a period of two years, though without any cumulative effect, has been awarded to the appellant. Aggrieved by the same, the instant petition was filed.