SANJIT SAHU Vs. UNION OF INDIA

JUDGEMENT

(1.) In questioning the tenability and/or legality of the final order dtd. 29/1/2021, issued by the Commandant, CISF Unit DTPS, Durgapur, which imposed a penalty of reduction in the petitioner's pay by one stage in the time scale of pay (from Rs.35,300.00 to Rs.34,300.00 in Level-4, with a pay range of Rs.25,500.00 to Rs.81,100.00) for a period of two years, during which the petitioner would not be entitled to earn increments and future increments would be postponed, and in questioning the authority of the respondents to seize the petitioner's pen camera, manipulate it, and access the petitioner's personal photos and videos, and also seeking a directive to the respondents to properly consider the petitioner's representation, the present writ petition has been filed. Facts:

(2.) Before delving into the contour of controversy centered around the writ petition, it would to be apt to narrate the key facts, as projected in the writ petition, which are as follows:

(3.) The specific case presented in the writ petition is that the entire inquiry proceedings were conducted in violation of due process, without the application of a judicious mind, and that the final order was passed in contravention of the CISF Rules, 1969. It was further claimed that the respondent authorities violated the principles of natural justice by failing to consider the petitioner's repeated representations. Additionally, it was asserted that the punishment imposed on the petitioner was disproportionate to the gravity of the alleged misconduct. The petitioner further alleged that the respondents acted arbitrarily, whimsically, with an oblique motive, and in a colourable exercise of power and decision of the Disciplinary Authority (in short, DA) is perverse. Although a specific ground was raised that the orders of both the Appellate Authority (AA) and the Competent Authority in dealing with the revision were unjust, biased, unfair, and legally flawed, these orders have not been challenged, nor has any prayer been made for their cancellation and/or setting aside.