Sujit Narayan Prasad, J. - (1.) THIS writ petition has been filed for quashing: - (i) The order dated 05.02.2002 (Annexure - 2) by which the punishment of lowering the petitioner in the lower stages of pay Scale of Rs. 3050 -75 -3950 -80 -4590 for a period of five years with immediate effect has been inflicted. With a further direction that he will not earned any increment in the scale for the said period and after conclusion of the said period, it will also affect the future increment. (ii) The order dated 14.10.2004 passed by the appellate authority (Annexure - 5) by which the order dated 11.12.2001 has been affirmed. (iii) For quashing the revisional order dated 21.03.2005 (Annexure - 5) by which the orders passed by the appellate authority has been affirmed.
(2.) HEARD the parties and perused the documents on record. The brief facts of the case is that the petitioner was served with a charge sheet dated 09.10.2001 issued under the signature of the Commandant. In the memorandum of charge, two charges were levelled against the petitioner. The first was absence from the duties for 81 days with effect from 03.05.2001 without prior permission of the competent authority. Charge No. 2 relates to misconduct, indiscipline and overstay of leave resulting into 12 different punishments already inflicted upon the petitioner.
(3.) THE petitioner after receiving memorandum of charge had put his appearance before the Enquiry Officer and filed his defence reply stating inter alia therein that the charge No. (ii) cannot be said to be a charge because all the 12 previous occasions, the petitioner has already been inflicted punishment. When the petitioner has already been inflicted the punishment over 12 those occasions that cannot be said to be a charge.;