K.T. RAO Vs. UNION OF INDIA

JUDGEMENT

(1.) The order of punishment of reduction of pay by one increment in Pay Band-1 for a period of one year with immediate effect with further direction that during the period of reduction he will not earn increments of pay and on expiry of this period, the reduction will have the effect of postponing his future increments of pay, awarded by Group Commandant, Central Industrial Security Force (CISF) and confirmed by the Appellate Authority is under challenge in the present writ petition.

(2.) The writ petitioner was posted at CD Sector, CISF Unit FACTUdyogamandal. The 5 th respondent had issued a charge memorandum under Rule 37 of the Central Industrial Security Force Rules, 2001 ['CISF Rules'] vide letter dtd. 1/4/2012 and the allegation against the petitioner are as under:

(3.) The petitioner submitted his explanation to the charge and not satisfied with the explanation, an Enquiry Officer was appointed, who in turn, conducted an enquiry and submitted his report. Based on the enquiry report, the disciplinary authority issued a Show Cause Notice, calling further objections from the writ petitioner and thereafter, imposed the punishment of withholding of one increment for a period of two years which will not have the effect of postponing his future increments of pay.