LAWS(APH)-2007-4-15

K NATRAJAN Vs. STATION COMMANDER AIR FORCE STATION

Decided On April 25, 2007
K.NATARAJAN Appellant
V/S
STATION COMMANDER, AIR FORCE STATION, HYDERABAD Respondents

JUDGEMENT

(1.) This petition is directed against order dated 10-10-2006 vide which the Central Administrative Tribunal, Hyderabad Bench (for short, 'the Tribunal') dismissed O.A. No. 1186 of 2003 filed by the petitioner for quashing the penalty of reduction of pay imposed on him by the disciplinary authority.

(2.) The petitioner was appointed as Group-D Watchman in the year 1972 at Air Force Station, Begumpet. In 1999, a departmental enquiry was instituted against him on the following charges:

(3.) The petitioner denied the charges and prayed that he may be given opportunity to disprove the same. He also requested that the inquiry may be got conducted by a civilian officer. His last mentioned request was turned down by the disciplinary authority. The officer, who was entrusted inquiry, submitted report with the finding that the charges levelled against the delinquent i.e. the petitioner have been proved. The disciplinary authority accepted the report of inquiry and supplied a copy thereof to the petitioner so as to enable him to submit representation against the findings recorded by the enquiry officer. The latter submitted representation dated 16-5-2002. He not only questioned the procedure adopted by the enquiry officer, but also challenged the findings recorded by him. After considering the same, the disciplinary authority passed order dated 6-6-2002 whereby penalty of reduction of pay from Rs.3345/- to Rs.2610/- in the time-scale of Rs.2610 - Rs.3540 was imposed on the petitioner for a period of 5 years with a stipulation that he will not earn increment during that period and the penalty will have the effect of postponing his future increments. The appeal preferred by the petitioner against the order of punishment was dismissed by the Appellate Authority vide its order dated 20-12- 2002, the relevant portions of which are extracted below: