ARVIND KUMAR Vs. LAXMI SANJAY NIKAM

JUDGEMENT

(1.) Heard learned Counsel for the parties. Perused the record. Taken up for disposal.

(2.) By this Petition under Article 226 of the Constitution of India, the Petitioner is impugning the Order, dtd. 1/7/2021 passed by the Senior Commandant CISF Unit, BPCL, Mumbai (Disciplinary Officer), the Appellate Order, dtd. 26/11/2021 passed by the Deputy Inspector General, Western Zone, CISF and Revisional Order, dtd. 22/6/2022 passed by the Inspector General (WS) CISF, under which the minor penalty is imposed upon the Petitioner, who is working as Constable/GD with Central Industrial Security Force (for short as "CISF") and the same is confirmed. By the impugned Orders, the pay of the Petitioner is reduced by three stages from Rs.27,600.00 (Level-3/Cell 9) to Rs.25,200.00 (Level-3/Cell-6) for the period of 3 years w.e.f. 1/7/2021 with further direction that the Petitioner will not earn increment of pay during the period of reduction and on the expiry of said period, the deduction will have effect of postponing his future increments of pay.

(3.) Few facts necessary for disposal of this petition are as under. The Petitioner is Constable/GD working with CISF, who joined service in February 2013. On 23/4/2021, the Petitioner was served with Memorandum of Charge. The charge is that on the night between 19th & 20/4/2021, in the official residential quarters, the Petitioner knocked on the door of his neighbor's house in which Respondent No.1/Complainant was residing with her six year old daughter and when her husband, another Constable/GD working with CISF was posted in West Bengal for election duty. According to the charge, Respondent No.1 got frightened and upset and when she opened the door, at the odd hours around midnight, she found the Petitioner standing in front of the door. The charge is further that after Respondent No.1 warned and threatened the Petitioner, he left for his residence which was on the same floor. It is the charge that this behavior of the Petitioner in the peculiar facts and circumstances, amounted to harassment and it is a sign of gross indiscipline and misconduct and tarnishes the image of force.