RAJESH KUMAR YADAV Vs. UNION OF INDIA & ORS.
LAWS(CAL)-2017-3-9
HIGH COURT OF CALCUTTA
Decided on March 29,2017

RAJESH KUMAR YADAV Appellant
VERSUS
Union of India And Ors. Respondents

JUDGEMENT

I.P. Mukerji, J. - (1.) The writ petitioner was in the Central Industrial Security Force Unit FBP at Farraka. He was appointed by a letter dated 23rd June, 2001. On 21st April, 2005 he was issued a memorandum of charge under Rule 36 of the CISF Rules, 2001, by the appropriate authority. The charge against him was that he had suppressed in his declaration at the time of joining service that a criminal case under Section 427, 504 and 506 of the Indian Penal Code, registered in 1999 was pending against him at the time of his appointment.
(2.) The petitioner denied the charge and pleaded not guilty. Thereafter, the disciplinary authority decided to conduct a regular departmental enquiry. By its order dated 1st July, 2005 the disciplinary authority appointed an enquiry officer and a presentation officer. The enquiry officer held the charge to be proved. This was confirmed by the disciplinary authority on 29th October, 2005, by its final order as follows: "reduction of pay by four stages from Rs. 3350/- to Rs. 3050/- in the time scale of pay for a period of four years with effect from the date of issue of final order with further direction that he will not earn increments of pay during the period of reduction and that on expiry of the period. The reduction will have the effect of postponing his future increments of pay. "
(3.) Thereafter the Deputy Inspector General NEZ exercised his powers of suo motu review under Rule 54 (1) (b) of the CISF Rules, 2001 and issued a show cause notice dated 10th February, 2006 to the writ petitioner. In this show cause notice the writ petitioner was asked to explain within 15 days, why the punishment imposed on him should not be enhanced? By his order dated 7th April, 2006 the Deputy Inspector enhanced the punishment to "removal from service ".;


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