KARAMBIR SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) The present writ petition has been filed inter alia challenging the order of punishment passed against the Petitioner in a proceeding initiated under Rule 36 of the CISF Rules, 2001 vide charge memo dtd.12/1/2020.

(2.) Learned counsel appearing for the Petitioner contended that Petitioner while in service as Head Constable under CISF and posted at Rourkela Steel Plant, Rourkela, the proceeding in question was initiated against him vide charge memo dtd.12/1/2020. In the said proceeding, Petitioner filed his reply and also participated in the enquiry. But the enquiry officer without conducting the enquiry in accordance with law, held the Petitioner guilty of the charges vide his report dt.6/6/2020 under Annexure-3. Petitioner on being communicated with the report along with the show-cause, submitted his reply on 17/6/2020. But without proper appreciation of the same, Petitioner was imposed with the following punishment vide order dtd.30/6/2020:- "Reduction of pay by 3 stages from Rs.41,600.00 to Rs.38,100.00for a period of 3 years in the pay level (matrix) 05 with immediate effect. It is further directed that he will not earn increment of pay during the period of reduction and on expiry of period reduction will have the effect on postponing his future increment of pay."

(3.) Mr. P.K. Parhi, learned DSGI on the other hand made his submission basing on the stand taken in the counter affidavit so filed. Learned DSGI contended that Petitioner while in duty as a Head Constable in RSP Rourkela on 25/12/2019, Petitioner was posted in the Traffic Gate in day shift (08.00 hours to 19.30 hours) of Rourkela Steel Plant, Rourkela to ensure proper access, control, security and physical checking of vehicles. But during his duty period, two vehicles entered the plant premises at about 11.44 hours without physical checking and documentation.