RAJENDRA KUMAR Vs. UNION OF INDIA

JUDGEMENT

(1.) In this writ application petitioner prays for quashing Annexure-2, 3, 4 and 5, whereby petitioner has been departmentally punished. It appears that while the petitioner was posted as constable in CISF at B.S.P. Bhilai, he was served with charge sheet vide memorandum No. 136 dated 19.2.1995. Thereafter, petitioner filed his show cause and then enquiry conducted. It appears that Enquiry Officer exonerated petitioner from charge No. 1, however, he has been held guilty for charge No. 2 i.e. misbehaving with his superior authority. It appears that disciplinary authority inflicted following punishment upon petitioner:-

(2.) Against the said punishment order, petitioner filed an appeal before the appellate authority (Resp. No. 3). It appears that respondent No. 3 while hearing the appeal had issued notice to the petitioner for enhancement of punishment. Petitioner filed his reply in compliance of aforesaid notice, thereafter the appellate authority awarded following punishment:-

(3.) Against the order of appellate authority, petitioner filed a mercy appeal before the Resp. No. 2, who dismissed the same by saying that the punishment awarded by DIG, Bhilai (Resp. No. 3) is commensurate with the gravity of misconduct committed by petitioner. However, it appears that Resp. No. 3 by issuance of Annexure-5 dated 19.8.2003 amended the punishment in the following way:-