KAIYUM ANSARI Vs. UNION OF INDIA

JUDGEMENT

(1.) Challenging orders dated 03.10.2000, 12.01.2001 and 25.07.2002, the petitioner has approached this Court by filing the present writ petition.

(2.) At the relevant time, the petitioner was posted as Sub Inspector of Police, CISF, CCWO, Dhanbad and in the night of 6th/ 7 th July, 1999 an incident took place in which one Constable namely, S.C. Hota was beaten by four inmates and eventually he died. A criminal case was registered against those four persons and the petitioner was also implicated in said case. On 15.10.1999, a chargememo along with Article of imputation of charge, list of documents etc. were served upon the petitioner. The charges are as under,

(3.) An enquiry was conducted and in the enquiry report dated 08.02.2000, Charge Nos. 1 and 2 were not found proved and the enquiry officer has observed that Charge Nos. 3 and 4 stand proved in view of the 'circumstantial evidence'. A copy of the said enquiry report was given to the petitioner on 04.04.2000 and he submitted his reply on 21.04.2000. The disciplinary authority passed order of penalty on 03.10.2000 imposing the penalty of reducing the petitioner to the lower rank of ASI/Clerk until he is found fit, after a period of 5 years from the date of that order, to be restored to the rank of SI/Min. and during the suspension period between 10.07.1999 to 20.06.2000, he will not be considered on duty and he will get only subsistence allowance. Thereafter, the petitioner preferred an appeal. On 12.01.2001, the appellate authority considered the defence of the petitioner and found that only Charge No. 3 stood proved against the petitioner and accordingly, he reduced the punishment of demotion of five years to three years and other punishment deducting half salary during the period of suspension remained untouched.