SHIV NANDAN MONDAL Vs. UNION OF INDIA

JUDGEMENT

(1.) The instant writ application has been preferred challenging, inter alia , final order dated January 21,2002 imposing punishment of reduction of pay by two stages from Rs.4,700.00 to Rs.4,500.00 for a period of three years and postponing future increments of pay against one Shiv Nandan Mandal herein the writ petitioner, subsequent final order dated May 25/27, 2002 enhancing earlier punishment to that of reduction of pay to the lowest pay for three years and postponing future increments of pay and ensuing all such orders being passed by Commandant CISF Unit Oil, Duliajan herein respondent No. 5.

(2.) The facts of the case are that the petitioner joined the Central Industrial Security Force (CISF) Department on April 25, 1983 and on June 12, 2001, he was posted to carry out duties in the capacity of Post Commander at H.N.W location drilling point Duliajan. His duty consisted of controlling and supervising the constables posted at the main gate and to check the entry of any person or vehicles.

(3.) On 12/6/2001, a truck No. AS-25-6827 loaded with picket bricks with valid challan No.27 arrived at HNW gate for unloading the same inside HNW location. The writ petitioner detained the truck for more than one hour on the pretext that bricks were less in number as per challan and not stacked properly. He demanded Rs.1500.00 from the contractors for the release of the truck. When they expressed their inability to pay such amount, he reduced the amount to Rs.1000.00 and directed them to pay the amount the next day.