UMMED SINGH Vs. UNION OF INDIA AND OTHERS

JUDGEMENT

(1.) The petitioner was appointed as a constable in the National Police Academy with effect from 16-7-1964. Subsequently he was promoted as a Head Constable with effect from 1-2-1978. He was working as Mess Havildar in the National Police Academy with effect from 27-11-79. Charges were framed and a charge-sheet served upon him on 8-7-1979 alleging certain serious irregularifies and misappropriation of cash of Rupees 2,119-86 Ps. during the period 21-1-1980 to 9-2-1980 while working as Mess Havildar. petitioner submitted his explanation, where after an enquiry officer was appointed to enquire into the charges. An enquiry was held as contemplated by Rule 14 of the Central Civil Services (Classification, Control and Appeal) Rules, 1965. Charges were held proved and the disciplinary authority, agreeing with the findings of the enquiry officer, imposed the penalty of reduction in rank from Head Constable to Constable for a period of one year, i. e- from 5-8-1981 to 4-8-1982. The petitioner preferred an appeal to the appellate authority on 28-8-1981, which was disposed of by the appellate authority on 30-1-1982. Under this order, not only the punishment imposed upon the petitioner was confirmed but the punishment was enhanced to reduction in rank indefinitely. This was done without even telling the appellant that the punishment imposed upon him is proposed to be enhanced and without giving an opportunity to put forward his case in that behalf. The appellate order is challenged in this writ petition.

(2.) It is contended by Sri Razvi, the learned counsel for the petitioner that the enhancement in penalty without giving an opportunity to the appellant to show cause against such proposed enhanced punishment is violative of the principles of natural justice and is bad. He also challenged the constitutional validity of the third proviso (first amended in 1979) to sub-rule (2) of R. 27.

(3.) Rule 27 provides for an appeal and how the appeal should be dealt with. Sub-rule (2), which is relevant for our purposes, reads as follows:-