(1.) SHORT controversy involved in the present petition is whether the delinquent officer is entitled to be afforded an opportunity of being heard where the disciplinary authority disagreeing with the findings of the Inquiry Officer decides to impose punishment upon such delinquent officer.
(2.) PETITIONER herein was working as Superintendent BR -I in the pay scale of 5500 -9000 and was posted at 852 DM PL under 69 RCC at Vijaypur Ramgarh and SM Pur Road. Some inquiry was initiated against one N.S. Doon, EE c OC 69 RCC regarding construction of a private bridge near Tohana (Haryana). Petitioner was summoned as a witness in the said inquiry. On the basis of the statement recorded during the Court of Inquiry initiated against said Mr. Doon, the authorities proposed to initiate departmental inquiry against the petitioner and two others. Accordingly, departmental inquiry was initiated. Lt. Col Dharma Pal, Second -In -Command was appointed as Inquiry Officer vide order dated 14 -2 -2001. On completion of Inquiry final report was submitted to the higher authorities in Aug 2001. Inquiry Officer recorded the following findings in respect of the petitioner: 'Department has not been able to prove that Sh. T. Benjwal was responsible for marking presence in the attendance register he says it was being done by Shri VS Patel SKT. This attendance register was also not produced otherwise it would have been possible to see from the register as to who was maintaining this register. No name of other documents has been given nor produced which CO tried to destroy.'
(3.) ACCORDING to the petitioner, he has been reduced in rank. The post of Superintendent BR -I is a superior post which carries the pay scale of 5500 -9000 and the powers, duties and responsibilities are also higher and different to the post of Superintendent BR -II, which carries a pay scale of 4500 -7000. The post of Superintendent BR -II is subject to the administrative control of Superintendent BR -I. Accordingly, the reduction in rank is a punishment both in terms of rank, pay scale, grade and the powers and functions attached to the said post.