- (1.) Sri Pradeep Upadhyay, learned counsel for the petitioner and perused the record.
(2.) The petitioner was a Constable having been enrolled in Provincial Artillery Constabulary (hereinafter referred to as the "PAC") on 30.11.1981 and then was promoted as Head Constable in 1988, as Platoon Commander (Subedar) on 16.10.1993, as Reserve Sub-Inspector in 1998 and as Company Commander on 08.12.1999.
(3.) In 2006 while he was posted at 26th Battalion PAC, Gorakhpur, he was placed under suspension vide order dated 27.06.2006. A charge sheet was issued to him on 11.01.2007, whereto he submitted reply on 15.01.2007. Sri Jai Prakash Singh, Deputy Commandant, 26th Battalion PAC, Gorakhpur was appointed as Inquiry Officer and after conducting oral inquiry he held charges no. 3, 4, 5 and 6 proved against petitioner and recommended punishment of reduction at the minimum of pay scale of Company Commander for a period of three years. The competent disciplinary authority, i.e., the Commandant issued a show cause notice dated 29.12.2007 alongwith a copy of inquiry report, whereto petitioner submitted explanation dated 07.04.2008. The disciplinary authority, however, passed punishment order dated 29.02.2008 (Annexure-5 to the writ petition), imposing punishment of reversion at the minimum of pay scale for a period of three years. The petitioner, thereagainst, preferred an appeal, vide memo of appeal undated (Annexure-6 to the writ petition) before Deputy Inspector General, PAC, Varanasi, which has been rejected by Appellate Authority vide order dated 31.05.2008 and petitioner's revision, thereagainst, has also been rejected by Revisional Authority, i.e., the Director General (Eastern Zone), PAC, Lucknow vide order dated 22.11.2008. The writ petition has been filed assailing the order of punishment dated 29.02.2008, appellate order dated 31.05.2008 and revisional order dated 22.11.2008.;