GAUTAM BOSE Vs. UNION OF INDIA

JUDGEMENT

(1.) The instant writ petition has been preferred challenging inter alia , final order dtd. 9/11/2009 of the Disciplinary Authority imposing punishment of reduction of pay for five years and postponing future increments of pay against one Goutam Bose herein the writ petitioner and successive order dtd. 31/12/2009 rejecting appeal of the petitioner against the penalty imposed by the aforesaid order, all such orders being passed by Senior Commandant , CISF unit, Durgapur Steel Plant, Durgapur herein respondent No. 6 and Deputy Inspector General, CISF Unit, Durgapur Steel Plant, Durgapur herein respondent No. 4 respectively.

(2.) The facts of the case in brief are that the writ petitioner working as constable in Durgapur Steel Plant was served a memorandum of charges on 11/4/2009 by Commandant, CISF Unit, Durgapur Steel Plant, Durgapur alleging "Gross negligence, indiscipline and failure to maintain absolute integrity"

(3.) A Departmental Enquiry was conducted against the petitioner. In the course of departmental enquiry under Rule 36 of CISF Rules 2001, eight prosecution witnesses, one court witness and the petitioner were examined and respondent No.6 imposed punishment vide Final order No. V-15014/ DSP/ Disc/ Maj/ GB/ 2009-11509 on 9/11/2009 to the effect that: