BALAK MAHADEV SOMKUWAR Vs. UNIONOF INDIA

JUDGEMENT

(1.) By the present petition under Article 226 of the Constitution of India petitioner, prematurely retired as Inspector (Executive) from services of Central Industrial Security Force (for short hereinafter referred to as CISF) has thrown challenge to order dated 30.7.2000 compulsorily retiring him passed by Inspector General (SWS), CISF, Mumbai and has prayed for quashing and setting aside same and reinstating him with continuity in service with full back wages and other financial benefits together with an interest at rate of 18% per annum since the date of his retirement. He has also prayed for saddling exemplary costs upon the respondents.

(2.) The rival cases, in brief, as revealed from the proceeding can be set out as under:

(3.) He was discharging his duties to full satisfaction of his superiors without any complaint and was never issued a major charge sheet except one issued under Rule 34 of CISF Rules, 1969, while posted at Raurkela Steel Plant, Raurkela Orissa on false, fabricated and flimsy grounds by upper caste officer having monopoly to victimize a Scheduled Caste officer. In spite of material surfaced during the inquiry held having failed to prove charges still he was penalized by reducing his pay by two stages by way of victimization. Up till filing of present petition the respondents had failed to consider/take any action and/or even to communicate about the same upon representation/appeal dated 12.7.2000 and further detailed representation dated 21.9.2000 in continuation of the same submitted by petitioner regarding said penalty imposed upon him.