H. M. RAVIKUMAR Vs. UNION OF INDIA

JUDGEMENT

(1.) The punishment of reduction of pay by one stage for a period of one year with cumulative effect awarded by the Commandant, Central Industrial Security Force (CISF) Unit VPT Vizag / Disciplinary Authority and the Appellate order and also the Revision order passed by the competent authorities are under challenge in the present writ petition.

(2.) The writ petitioner joined as Constable in the year 1989 in the CISF and was promoted as Head Constable. He was placed under suspension on 27/4/2011 by the 4th respondent under Rule 33 (1) (a) of the CISF Rule on the ground that the disciplinary proceedings are initiated. The Memorandum under Rule-36 of the CISF Rules was issued by the 4th respondent on 7/5/2011 and the charge against the writ petitioner reads as under:

(3.) The petitioner submitted his explanation, denying the charges as false. Not satisfied with the explanation, the Disciplinary Authority appointed an Enquiry Officer, who in turn, conducted an enquiry by affording opportunity to the writ petitioner. The petitioner participated in the process of enquiry and based on the materials available on record, the Enquiry Officer arrived a conclusion and held that the charge against the writ petitioner is proved. The enquiry report was accepted by the Disciplinary Authority, who in turn, imposed the punishment of reduction of pay by one stage for a period of one year with cumulative effect in proceedings dtd. 5/9/2011. The petitioner preferred an appeal before the third respondent and the said appeal was rejected. The Revision filed before the 2nd respondent was also rejected on 11/1/2012. Thus, the petitioner is constrained to move the present writ petition.