SHAMSAD KHAN Vs. UNION OF INDIA

JUDGEMENT

(1.) Challenging orders dated 02.09.2002, 15.03.2003 and 09.02.2004, the petitioner has approached this Court. Heard learned counsel for the parties and perused the documents on record.

(2.) The brief facts of the case are that, the petitioner was appointed as Constable on 25.03.1989 in Central Industrial Security Force. On 07.11.2001 he was admitted in H.E.C. Hospital Dhurba, Ranchi and he was discharged on 10.11.2001. In the mean-time he was suspended by order dated 09.11.2001. A Charge Memo dated 04/05.01.2002 was served upon the petitioner, to which he replied on 22.01.2002. In the departmental proceeding 6 witnesses including the In-charge Coy-Commander and one B.D. Ram were examined. An enquiry report was submitted on 25.06.2002 and a copy of the enquiry report was furnished to the petitioner by issuing a 2nd show-cause notice dated 23.07.2002. The petitioner submitted his reply on 06.08.2002 however, the penalty order of reduction of pay-scale from Rs. 3,425/- to Rs. 3,050/-, stoppage of annual increment for three years with further effect on future service was passed. By the same order it has also been ordered that during the period of suspension, the petitioner would not be entitled for salary, allowance etc. except the subsistence allowance and the said period would be treated as period not on duty. The petitioner preferred appeal which was disposed of by order dated 15.03.2003 and revision preferred by the petitioner has been dismissed by order dated 09.02.2004.

(3.) A counter-affidavit has been filed stating that during the departmental proceeding in spite of the notice issued to the petitioner on three occasions, the petitioner did not appear before the Enquiry Officer. During the departmental proceeding the petitioner was afforded sufficient opportunity to defend himself and on the basis of the materials produced by the department during the departmental enquiry, an enquiry report was submitted on 25.06.2002 finding the charge levelled against the petitioner proved. A second show cause notice was issued to the petitioner and after considering the reply of the petitioner, the penalty order dated 02.09.2002 was passed. It is further stated that the finding recorded in the departmental enquiry has been affirmed by the appellate authority as well as the revisional authority.