S.A. WAHAB Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioner has approached this Court challenging the penalty order dated 14.11.2003 whereby, it has been ordered that the pay-scale of the petitioner would be reduced by two stages from Rs 3625-3455 to Rs 3200-85-4900 for 3 years with immediate effect and no benefit of increment in the payscale would be granted to the petitioner for the next three years. The petitioner has also challenged the order dated 05.02.2004 whereby the appeal of the petitioner has been rejected and order dated 12.10.2004 whereby the revision preferred by the petitioner has been dismissed.

(2.) The brief facts as disclosed in the writ petition are that, the petitioner was appointed as a Constable on 11.10.1984 and in the month of June, 2000 he joined at M.B.R. & K.B.R. Meghahatuburu. On the allegation that on 05.05.2003, the petitioner misbehaved with one civilian namely, Debra Soren and caused nuisance in the public, a charge-memo dated 20.06.2003 was served upon the petitioner. The charge-memo contained the previous incidents of misconduct committed by him.

(3.) An enquiry was conducted and enquiry report dated 10.10.2003 was submitted, finding the charges against the petitioner proved. Department examined as many as 10 witnesses and one of the witnesses namely, R.B.Singh-witness No. 1 has given the details of the previous misconduct committed by the petitioner. The disciplinary authority passed the order of penalty dated 14.11.2003 as noticed above and, the appeal and revision preferred by the petitioner were dismissed and therefore, the petitioner has approached this Court.