S.H. BASUDEV SHARMA Vs. UNION OF INDIA

JUDGEMENT

(1.) This writ petition has been filed by the petitioner seeking to set aside the orders of the disciplinary authority; appellate authority and the revisional authority and to direct the respondent authorities to award him any of the punishments/penalty provided in Section 11(3)(a)(b) and (c) of the CRPF Act, 1949 for the offence committed by him.

(2.) There is no dispute that departmental enquiry was initiated against the petitioner for submission of fake CEA claim amounting to Rs.19,000/- in respect of his son Lenin Sharma. There is also no dispute that departmental enquiry was conducted, after following due procedures and by an order dated 17.8.2015, respondent No.5 imposed penalty of pay reduced from Rs.9430/- plus grade pay of Rs.2000/- per month to Rs.5200/- plus grade pay Rs.2000/- per month in the time scale of pay for a period of five years. The order of respondent No.5 further states that the petitioner will not earn increments of pay during the period of reduction and that on the expiry of this period, the reduction will have the effect of postponing his future increments or pay.

(3.) Aggrieved by the said punishment/penalty, the petitioner had preferred an appeal before respondent No.4 and by an order dated 24.11.2015, the fourth respondent, rejected the appeal of the petitioner holding that no cogent reasons were available to interfere with the order of the disciplinary authority dated 17.08.2015. Aggrieved by the order of the appellate authority, as per the provisions contained in Rule 29 of CRPF Rules, 1955, the petitioner had preferred a revision petition before the third respondent and the same came to be rejected by the said authority on 16.4.2016.