G C BILARWAN Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioner in this art. 226 petition dated November 24, 2006 is aggrieved by an order dated May 31, 2006 (at p.88) issued by the Deputy Inspector General (Pers), Central Industrial Security Force inflicting on him the penalty of "Withholding of one increment for three years without cumulative effect.By issuing a charge-sheet dated June 5, 2002 (at p.29) the Deputy Inspector General (Pers/Hqrs) initiated the departmental proceedings against the petitioner who was working as a Deputy Commandant, CISF Unit, BSL Bokaro.

(2.) After conclusion of the inquiry held in terms of the provisions of r. 14 of the Central Civil Service's (Classification, Control and Appeal) Rules, 1965 which were applicable to the case, the Inquiring Authority prepared a report dated March 24, 2005 (at p.49) containing his findings that the charge was not proved and forwarded the report with all the records in terms of the provisions of sub-r.(23) of r.14 to the Disciplinary Authority.

(3.) The Disciplinary Authority who was required to take action on the report in terms of r. 15 issued a letter dated June 17, 2005 (at p.70) forwarding thereunder a copy of the report and the reasons for which he was unable to agree with the Inquiring Authority. The petitioner asked to make representation, if any, submitted a detailed representation dated August 20, 2005 (at p.74) contending why the Disciplinary Authority should not disagree with the findings of the Inquiring Authority.