KARMA BHUTIA Vs. UNION OF INDIA

JUDGEMENT

(1.) This writ petition has been filed by the petitioner to set aside the impugned punishment order dtd. 17/10/2008 and to direct the respondents to consider the case of the petitioner for promotion to the rank of Commandant by affording service benefits from the date of his juniors who were promoted to the rank of Commandant.

(2.) Heard Mr. HS Paonam, the learned senior counsel for the petitioner and Mr. Kh. Samarjit, the learned Central Government Standing Counsel for the respondents.

(3.) The case of the petitioners is that based on the complaint lodged by one Shahi against the petitioner, disciplinary proceedings was initiated against him. Being not satisfied with the reply of the petitioner, the disciplinary authority initiated regular disciplinary proceedings by appointing Enquiry Officer and the Enquiry Officer after completing the enquiry submitted his report by holding that the charge levelled against the petitioner has not been proved. However, the disciplinary authority held that the charge framed against the petitioner has been partially proved, thereby inflicted punishment of reduction of pay by two stages in time scale of pay for a period of three years with effect from 1/12/2001 to 1/12/2004 with cumulative effect with further direction that he will not earn increment of pay during the period of reduction after getting approval from the UPSC.