N.SURESH Vs. COMMANDANT, CENTRAL INDUSTRIAL SECURITY FORCE

JUDGEMENT

(1.) THE writ petitioner challenges the validity of the orders passed by the 3rd respondent - Commandant, Central Industrial Security Force Unit, Hydro Electric Project, Uri, Baramulla District, Jammu and Kashmir State modifying in turn the orders passed earlier by the Deputy Commandant of the Force at Uri imposing on him a punishment. He also challenges the validity of the orders passed by the 4th respondent - Deputy Inspector General, North Zone, New Delhi, in rejecting the appeal preferred by the writ petitioner against the orders passed by the Commandant noted supra.

(2.) THE writ petitioner was recruited as a Constable by the Central Industrial Security Force (henceforth 'Force' in short). While he was working under the supervision and control of the Force at Hydro Electric Project, Uri, Baramulla District, Jammu and Kashmir State, he was charge-sheeted on 10.8.1995 alleging certain irregularities said to have been committed by him. After following the necessary process of conducting an enquiry into the two sets of articles of charge framed against him, he was found guilty of both the articles of charges. THE 1st charge relates to the gross dereliction of duty committed by the writ petitioner, in not reporting to duty upon being transferred from CISF Unit, FCI, Gorakhpur to CISF Unit, HEP, Uri, though was relieved accordingly at Gorakhpur on 15.12.1994 (AN) with a direction to report at Uri.

(3.) IN view of the gravity of the impact that this kind of punishments would leave upon the career progression of an employee, reduction of pay with cumulative effect or withholding of increments with cumulative effect, have come to be recognized as major punishments. It is important to notice that the Commandant has passed the order on 22.1.2001. It is an order passed in suo motu exercise of power. It was not preceded by any show-cause notice issued to the petitioner. He was not heard for any possible objection from his side before this order was passed. This order of the Commandant of Uri, has been communicated to the petitioner while he was working at CISF Unit, NPC, Kaiga, Karnataka State. The writ petitioner appears to have initially preferred on 13.10.2003 an appeal against the orders of the Commandant to the DIG of Southern Region as he was working in the Southern Region by then. That has been rejected by the DIG/DAE on 01.11.2003 as the competent authority to deal with such an appeal was the DIG, Northern Zone at New Delhi. Thereafter, the petitioner appears to have taken up the matter by way of appeal to DIG, Northern Sector, New Delhi on 25.12.2003. Complaining that the said appeal has not been disposed of, the petitioner appears to have instituted WP No. 7786 of 2004 in this court which case was decided on 26.4.2004 directing the DIG, Northern Zone, to dispose of the appeal filed by the petitioner within two months from the date of receipt of the order passed in the said writ petition. It appears even before the said WP No. 7786 of 2004 could be disposed of by this court, the Deputy INspector General, Northern Zone, has dealt with the appeal preferred by the writ petitioner and passed final orders on 5.4.2004 and directed the same to be communicated to the petitioner through the Commandant, CISF Unit, NFC, ECIL Post, Hyderabad, where the petitioner was working at that point of time.