JUDGEMENT
AMRITA SINHA,J. -
(1.) The petitioner was a member of the Central Industrial Security Force (CISF for short). Pursuant to a disciplinary proceeding initiated against him he was
placed under suspension. The petitioner was served with the memorandum of
charges followed by the article of charge. Copy of the documents and the list of
witnesses relied upon by the employer was provided to him. A Presenting officer
and an Inquiry Officer were appointed. A regular disciplinary proceeding was held.
The Presenting officer submitted that the petitioner ought to get the benefit of
doubt. The Inquiry Officer arrived at the conclusion that the charges against the
petitioner stood proved. The disciplinary authority after going through the
documents and upon perusal of the depositions came to the conclusion that the
charged official was guilty of the charges imposed upon him. He was imposed the
punishment of reduction of pay by three stages in the revised pay band and grade
pay for a period of three years with immediate effect. He would not earn
increments of pay during the period of reduction and the same would have the
effect of postponing his future increments of pay.
(2.) The petitioner preferred an appeal against the order of penalty and the Appellate Authority opined that there is no reason to interfere with the order of
punishment and rejected the appeal of the petitioner. The petitioner accepted the
order of the Appellate Authority.
(3.) The Inspector General conducted a suo motu review of the disciplinary proceeding and invoked the provision of Rule 54 of the CISF Rules, 2001 and
proposed to enhance the penalty to "dismissal from service". The petitioner was
given an opportunity to submit his representation against the proposed
punishment. On consideration of the representation made by the petitioner the
Inspector General passed the order of penalty of dismissal from service.;
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