LAWS(GJH)-2008-6-3

PATHAN AKILKHAN RASULKHAN Vs. INSPECTOR GENERAL

Decided On June 16, 2008
PATHAN AKILKHAN RASULKHAN Appellant
V/S
INSPECTOR GENERAL(WS) Respondents

JUDGEMENT

(1.) RULE. Ms. R. V. Acharya, learned standing counsel waives service of Rule for the respondents. In the facts and circumstances, the petition is taken up for final disposal.

(2.) WHAT is challenged in this petition under Article 226 of the Constitution is the revisional order dated 10. 04. 2007 passed by the Deputy Inspector General (WS) CISF, Mumbai and the appellate order dated 12. 01. 2007 of Deputy Inspector General (WS) CISF, Mumbai, who in turn, confirmed the order dated 13. 12. 2005 by which respondent No. 3 - Disciplinary Authority awarded the punishment of reduction of salary from Rs. 3200/- to Rs. 3125/- for a period of one year with future effect and also treating the suspension period as suspension.

(3.) IN view of the order that we propose to pass, it is not necessary to set out the facts in detail. The departmental inquiry was initiated against the petitioner on the charge of not performing the regimental duties. The petitioner's defence was that he had, in fact, performed such duties. The Disciplinary Authority did not accept the defence. The Appellate Authority dismissed the appeal only on the ground that it was filed beyond the period of limitation of 30 days from the date of receipt of the order. The Revisional Authority also dismissed the revision after noting that the Appellate Authority had dismissed the appeal on the ground of limitation.