V.G.PALSHIKAR,J. - (1.) BY this petition, the petitioner has challenged the order passed in revision by the Director General in purported of his powers under Rule 49 of the Central Industrial Security Force Rules, 1968 hereinafter offered to as 'the Rules'.
(2.) THE petitioner was removed from service for proved misconduct and was penalised with stoppage of one increment. This penalty was confirmed in appeal. The petitioner, therefore, filed a revision before the Director General as per the provisions of the Rules. While considering the revision, the Director General thought necessary to suo moto revise the order of punishment. He therefore, issued a notice asking the petitioner to show cause why the penalty should not be enhanced. This suo moto power can be exercised within a period of one year from the date of the order.
(3.) ASSAILING the order, it is submitted by the learned Counsel for the petitioner that the suo moto power under Rule 49 cannot be invoked in a case where revision of an appellate order is sought by person aggrieved by the appellate order, it can be exercised only in cases where such original or appellate order comes to the notice of the Revisional Authority within a period of one year from the date of order.;