S.H. BASUDEV SHARMA Vs. UNION OF INDIA
HIGH COURT OF MANIPUR
S.H. Basudev Sharma
UNION OF INDIA
Click here to view full judgement.
(1.) This writ petition has been filed by the petitioner seeking to set aside the orders of the disciplinary authority;
appellate authority and the revisional authority and to direct the
respondent authorities to award him any of the
punishments/penalty provided in Section 11(3)(a)(b) and (c) of the
CRPF Act, 1949 for the offence committed by him.
(2.) There is no dispute that departmental enquiry was initiated against the petitioner for submission of fake CEA claim
amounting to Rs.19,000/- in respect of his son Lenin Sharma.
There is also no dispute that departmental enquiry was conducted,
after following due procedures and by an order dated 17.8.2015,
respondent No.5 imposed penalty of pay reduced from Rs.9430/-
plus grade pay of Rs.2000/- per month to Rs.5200/- plus grade
pay Rs.2000/- per month in the time scale of pay for a period of
five years. The order of respondent No.5 further states that the
petitioner will not earn increments of pay during the period of
reduction and that on the expiry of this period, the reduction will
have the effect of postponing his future increments or pay.
(3.) Aggrieved by the said punishment/penalty, the petitioner had preferred an appeal before respondent No.4 and by
an order dated 24.11.2015, the fourth respondent, rejected the
appeal of the petitioner holding that no cogent reasons were
available to interfere with the order of the disciplinary authority
dated 17.08.2015. Aggrieved by the order of the appellate
authority, as per the provisions contained in Rule 29 of CRPF
Rules, 1955, the petitioner had preferred a revision petition before
the third respondent and the same came to be rejected by the said
authority on 16.4.2016.;
Copyright © Regent Computronics Pvt.Ltd.