MAHENDER SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) This Writ Petition is instituted by a Head Constable working with the Central Industrial Security Force (henceforth referred to as 'CISF' for brevity), challenging the legality and validity of the order dated 31.05.2012 passed by the Assistant Commandant, CISF Unit, Manugur, imposing on him the punishment of withholding one increment for a period of one year with non- cumulative effect. The appeal preferred by the petitioner there against was rejected by the Commandant, by his order, dated 18.08.2012 and the further revision preferred there against has also been turned down by the Deputy Inspector General of CISF, Hyderabad, by his order dated 31.12.2012.

(2.) At the relevant point of time, the petitioner was working as a Head Constable of the CISF unit attached to Heavy Water Plant, Manugur. On the intervening night of 24/25.12.2011, at about 00.30 hours, within the campus, one of the Sub-Inspectors of the Force, namely Sri P.N. Ramesh has been hit on his head by an unruly constable attached to the Force by name Sri Nitin Kumar.

(3.) Immediately, the injured Sri Ramesh has been shifted to a hospital, but he succumbed to the head injury and died at about 03.45 hours. The writ petitioner was one of those who made necessary information available about the incident to the Inspector of Police, Manugur on 25.12.2011. Subsequently, it has transpired that on 19.01.2012, when the writ petitioner has been examined by the Judicial Magistrate of I Class, Bhadrachalam, he seems to have resiled from the statement made by him earlier. This conduct of the writ petitioner has been viewed seriously by the Force and he has been subjected to disciplinary enquiry. The Assistant Commandant, by his order, dated 31.05.2012, imposed the punishment of stoppage of one increment without cumulative effect. When appealed against, the Commandant rejected the appeal and confirmed the said punishment and so did the revisional authority, namely the Deputy Inspector General of the Force. Hence, this Writ Petition.