Ajay Kumar Tripathi, J. - (1.) Petitioner is aggrieved by the order of punishment passed against him which is dated 5/9 June, 2003 and annexed as Annexure-1. The punishment is reduction of pay to the minimum stage for a period of five years. It is further directed that he will not earn increments of pay during the period of reduction and that on expiry of this period the reduction will have the effect of postponing his future increments of pay.
(2.) The background of the present writ application is that the petitioner had joined the service of respondent Central Industrial Security Force after leaving service of Army. While he was posted at Patratu Thermal Power Station, certain serious dereliction of duties led to holding of departmental enquiry against him. Since the charges against the petitioner were found to be correct he was awarded penalty of dismissal from service. Petitioner filed appeal and urged certain grounds for interference primarily that he deserved mercy in the matter. The Appellate Authority therefore keeping in mind the past service records, the young age of the petitioner and to give him one more opportunity to conduct himself properly, modified the order of dismissal to the present one which is reduction of pay to the minimum stage for a period of five years. It is further directed that he will not earn increments of pay during the period of reduction and that on expiry of this period the reduction will have the effect of postponing his future increments of pay. The petitioner is before this Court challenging the reduced/modified punishment.
(3.) Submission of the learned counsel appearing on behalf of the petitioner is that a reading of the punishment of reduction of pay to the minimum stage for a period of five years coupled with no increments to be earned during the period for the same, having the effect of postponing his future increments of pay amounts to double punishment which is not permissible both under Article 311 of the Constitution of India as well as the Central Industrial Security Force Act, 1968 read with Rules, 2001.;