P.V.KUMAR Vs. CENTRAL INDUSTRIAL SECURITY FORCE

JUDGEMENT

(1.) Petitioner, a member of the Central Industrial Security Force ("CISF" for short), has challenged the order dated 12.11.2010 passed by the Revisional Authority by which he was ordered to be removed from service. The facts are as under: In the year 2009, the petitioner was working as a Constable in CISF. He was posted at ONGC, Ahmedabad. He was served with a charge-sheet dated 23.11.2009. It contained the following charges:

(2.) Upon the petitioner denying the charges, a departmental inquiry was set up. Inquiry Officer submitted his report dated 15.03.2010 holding the charges to have been proved. A copy of the Inquiry Officer's report was supplied to the petitioner. He was allowed to make a representation. The disciplinary authority, after considering the material on record, passed an order dated 27.4.2010 imposing punishment of deduction of the petitioner's pay by two stages for a period of three years, which would have the effect of postponing his future increments also.

(3.) Against such order of the disciplinary authority, the petitioner did not prefer any appeal, though available under the service rules. Higher authority, however, issued a show-cause notice dated 21.9.2010 why the penalty imposed by the disciplinary authority should not be enhanced to that of removal from service. In such notice, he recorded his tentative reasons why, in his opinion, the penalty was not adequate.