R M RAO Vs. COMMANDANT

JUDGEMENT

(1.) HAVING heard Mr. Girish K. Patel, learned advocate for the petitioner and Ms. Archana Amin, learned Standing Counsel for the respondent, it appears to us that this is a fit case where the petitioner should seek redressal of his grievance by filing revision application before the Director General, CISF, New Delhi. We accordingly permit the learned advocate for the petitioner to join Director General, CISF, New Delhi as respondent No. 4. Ms. Acrchna Amin, learned Standing Counsel, waives service of notice on behalf of the newly added respondent.

(2.) WHAT is challenged in this petition under Article 226 of the Constitution is the order of dismissal from service passed by the Deputy Inspector General of Police, West Zone, CISF, in modification of the order of the disciplinary authority which had only imposed penalty of reduction of pay by one stage. The order of dismissal from service has also been confirmed by the Inspector General, CISF.

(3.) IT appears that the disciplinary proceedings were initiated against a number of constables in relation to theft of certain copper scrap from the container in the Container Yard of the Kandala Port Trust. The disciplinary authority passed order of dismissal/removal from service against only 4 employees and in case of other 10 employees, the disciplinary authority imposed penalty of reduction of pay by one, two or three stages for a period of one year or two years. Thus, it appears that the disciplinary authority had taken into consideration the gravity of lapses on the part of the concerned constables and the order of penalty or reduction of pay by one stage for a period of one year was imposed on the petitioner. There was also another constable P. G. Patil, in whose case also, the order of penalty passed by the disciplinary authority was similar to the one passed against the present petitioner, i. e. reduction of pay by one stage for a period of one year. Similar order was passed by the disciplinary authority against Ex-constable Santosh Singh, i. e. reduction of pay to minimum pay for a period of two years.