DIMBESWAR SAIKIA Vs. UNION OF INDIA

JUDGEMENT

(1.) Since the common question of facts and law are involved in both the writ petitions the same have been taken up together for decision. In both the writ petitions the grievance made is in respect of a common order of a dismissal passed against the petitioners pursuant to the departmental proceeding. The charge relating to the initiation of the departmental proceeding against the petitioners can be found at Annexure 2, Memorandum dated December, 1995. For ready reference the statement of articles of charges and the statement of imputation of neglect and remissness, in support of articles of charges framed against the petitioners are quoted below:

(2.) In the charge, framed against the petitioners, the allegations is that they were guilty of negligence and remissness of duty under section 11(1) of CRPF Act, 1949. Pursuant to the departmental proceeding which was conducted jointly against all the three aforesaid officers including the two petitioners a common order of penalty was passed on 11.6.96 by which the extreme penalty of dismissal of service has been awarded to the petitioners. On the other hand the said Balbir Singh who was charged of non-exercising proper command over his men has been imposed with a penalty of reduction in rank for a period of two years. Aggrieved, the petitioners preferred departmental appeal before the appellate authority. The said appeal was dismissed and the penalty of dismissal was affirmed by the appellate authority. It is under these circumstances, the two writ petitions have been filed by the petitioners making a grievance against the said order of penalty.

(3.) During the course of hearing it is fairly submitted by Mr. B. Chakraborty, learned counsel for the petitioners that he is not seriously disputing the fairness in the departmental proceeding conducted by the disciplinary authority. On perusal of the record I do not find any procedural irregularity in conducting the departmental proceeding. The only point which has been urged by Mr. Chakraborty is in respect of the proportionality of the punishment, more particularly having regard to the charges levelled against the petitioners and secondly, in view of the fact that Shri Balbir Singh who was to exercise the command over them was awarded a lesser punishment of reduction in rank for a period of two years.