AJAY KUMAR Vs. UNION OF INDIA

JUDGEMENT

(1.) The instant intra-court appeal, under Clause 10 of the Letters Patent, is directed against the order/judgment dtd. 19/7/2021 passed by learned Single Judge of this Court in W.P.(S) No.2130 of 2010 whereby and whereunder the order of punishment dtd. 12/2/2009 passed against the appellant by which the punishment has been imposed of lowering down his pay scale by two stages and his pay scale has been reduced from Rs.7780.00 + 2400/- (BP+GP) to Rs.7170.00+2400/- (BP+GP) for two years with a further direction that during this period he will not earn any benefit of annual increment and after end of the period the pay scale will affect further annual increment, has been refused to be interfered with by dismissing the writ petition.

(2.) Brief facts of the case as per the pleadings made in the writ proceeding, which are required to be enumerated herein, read as under :-

(3.) Mr. Niranjan Kumar, learned counsel appearing for the appellant-petitioner, has submitted that the learned Single Judge has not appreciated the fact about applicability of the punishment as has been inflicted as enshrined under Rule 34(iv) of the Central Industrial Security Force Rules, 2001 (hereinafter to be referred to as Rules, 2001") whereby and whereunder the nature of the same has been made to be major punishment while it is evident from the list of punishment as referred under Rule 34(viii) that the reduction to a lower stage in the time scale of pay for a period of not exceeding three years, without cumulative effect has been provided therein and as such, the effect of punishment imposed against the appellant-petitioner making it with cumulative effect is contrary to the punishment enshrined under the provision of Rule 34(viii) of Rules, 2001 and, therefore, the order of punishment is not sustainable but the learned Single Judge since has failed to appreciate this aspect of the matter, therefore, the order impugned requires interference by quashing and setting it aside.