AZAD SINGH SANGWAN Vs. UNION OF INDIA

JUDGEMENT

(1.) Heard the learned counsel for the parties and with their consent this writ application is being disposed of at this stage itself.

(2.) The petitioner being C.I.S.F. personnel was proceeded departmentally for the following charges:

(3.) The petitioner participated in the departmental proceeding and after completion of the departmental proceeding a report was submitted by the Enquiry Officer holding that the charges leveled against the petitioner were not found to be established. The said report was submitted to the Disciplinary Authority, who after careful consideration of the facts and materials on record came to the conclusion that the Enquiry Officer did not consider the evidence and materials, which were already on record and thereby disagreeing with the findings of the Enquiry Officer gave notice to the petitioner to submit his representation for inflicting punishment against him. The petitioner submitted his representation and on consideration of the representation and materials available on record an order as contained in Annexure-4 dated 6.8.2002 has been passed awarding penalty of withholding of one increment for a period of one year, which will not have the effect of postponing his future increment of pay. His period of suspension w.e.f. 18.2.2002 to 27.2.2002 was directed to be treated as on duty for all purposes. The petitioner thereafter preferred an appeal before the appellate authority, which has also been dismissed by the appellate authority on consideration of the facts and materials on record.