Decided on February 24,2006

S.C.PARASHAR Appellant
UNION OF INDIA Respondents


S.B.SINHA, J. - (1.)LEAVE granted.
(2.)THE respondent was a Deputy Commandant in 42 Bn. of Central Reserve Police Force (CRPF). He, in the month of December, 1992, was acting as Officer-in-charge of DAGOs in Delhi in connection with 53rd CRPF anniversary parade which was to be held during the period December, 1992 and January, 1993. He was given a new Maruti 'Gypsy' for performing official duties. He allegedly drove the said Maruti unauthorisedly and at a very high speed beyond his jurisdiction and met with a serious accident when the said vehicle collided with a stationary truck between Manesar and Delhi on National Highway No.8. THE driver of the said Gypsy L/Nk Anand Singh suffered serious injuries on his person. THE respondent, however, left the vehicle unattended. He also left the said driver in an unconscious state. He also did not inform headquarters about the said accident.
A disciplinary proceeding was initiated against him on the charges that he failed to maintain absolute devotion to duty and acted in a manner unbecoming of a Government servant and thereby violated the provisions contained in Rule 3(1)(ii) and (iii) of the Central Civil Services (Conduct) Rules, 1964 ('the Rules')- In the disciplinary proceedings he was found guilty of the said charges. The disciplinary authority, being the President, imposed the following penalty upon him:

"In the light of the above, having regard to all other aspects of the case and after consultation with UPSC the President considers that ends of justice would be met in this case if the penalty of (i) "Reduction to minimum of the time-scale of pay for a period of 3 years (three) with cumulative effect, including loss of seniority and (ii) penalty of 25% (twenty five per cent) of the loss incurred by the Govt. to the tune of Rs.74,341.89 i.e. Rs.18,585.47 (Rupees Eighteen thousand five hundred eighty five and paisa forty seven) only on account of damage to the Gypsy in 18 (eighteen) equal monthly instalments" is imposed on Shri. S. C. Parashar, Dy. 42 Bn. CRPF. The President hereby orders accordingly."

The respondent filed a writ petition before the High Court of Delhi questioning the said order of punishment, which was marked as C.W.P. No.3992 of 1997.

(3.)HAVING-regard to the nature of penalty imposed upon the respondent, the counsel appearing on behalf of Union of India contended before the High Court that the same was imposed in terms of clause (a) of sub- Rule (iii) of Rule 11 of the CCS (CCA) Rules (CCS Rules). The High Court, while refusing to go into the relevancy or otherwise of the material brought on record in the departmental proceeding found that penalty was imposed in violation of the said Rule on the premise that sub-Rule (iii)(a) of Rule 11 provides only for a minor penalty and thus in terms thereof reduction of pay for a period of three years should not have been directed to be effected with cumulative effect. Consequently, it was directed:
"The petitioner shall be entitled to seniority on the basis of DPC which was held on 7.4.1997 when his immediate junior was promoted to the rank of Second-In-Command. The petitioner shall also be entitled to all consequential benefits which stood denied due to punishment of loss of seniority."

The learned Additional Solicitor General appearing on behalf of the Appellant contended before us that in the facts and circumstances of the case, sub-Rule (v) of Rule 11 of CCS Rules is attracted and not sub rule (iii) thereof.

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