UNION OF INDIA Vs. WANGKHEMAYUM BISHONATH SINGH

JUDGEMENT

(1.) Challenging a charge sheet dtd. 15/11/2011 issued by the appellant no. 2, an inquiry report dtd. 3/2/2012, orders passed by the disciplinary authority (in short, DA), appellate authority (in short, AA) dtd. 23/2/2012 and 27/4/2012 respectively and the suo moto review order dtd. 18/9/2012 passed by the appellant no.3 exercising authority under Rule 54 of the Central Industrial Security Force Rules, 2001 (in short, CISF, Rules), the writ petitioner/respondent no.1, namely, Wangkhemayum Bishonath Singh (hereinafter referred to as Bishonath) preferred a writ petition being WP 1038 of 2009. Upon contested hearing the said writ petition was disposed of by the judgment dtd. 12/2/2020 setting aside the impugned orders passed by the DA, AA and the revisional authority (in short, RA) and directing the appellants to reinstate Bishonath. Aggrieved by the said judgment the present appeal has been preferred.

(2.) By the order dtd. 23/2/2012, the DA imposed a penalty of 'reduction of pay by (3) three stages from Rs.9620.00(BP Rs.7620.00 + GP Rs.2000.00) TO Rs.9060.00(BP Rs.7060.00 + GP Rs.2000.00) in the revised pay band and grade pay for a period of 03 (THREE) years with immediate effect. It is further directed that he will not earn increments of pay during the period of reduction and that on expiry of this period the reduction will have the effect of postponing his future increments of pay'. The statutory appeal preferred against the same was rejected by the AA on 27/4/2012 and about three months thereafter a show cause notice dtd. 19/7/2012 was issued by the RA and by an order dtd. 18/9/2012, the punishment imposed by the DA and as affirmed by AA was enhanced and Bishonath was dismissed from service by the appellant no.3.

(3.) Mr. Mitra, learned advocate appearing for the appellants submits that the learned Single Judge erred in law in observing that the entire incident took place beyond the duty hours of the respondent no.1 without considering the provisions of Sec. 15 of the Central Industrial Security Force Act, 1968 (in short, CISF Act) which categorically provides that every member of the Force shall be considered to be always on duty.