- (1.) THIS appeal has been preferred against the order dated 11.7.2008 passed by the learned Single Judge in W.P.(S) No. 6425/2007, by which the writ petition was dismissed. Consequently the order passed by the disciplinary authority against the delinquent appellant, wherein the penalty of reduction of salary by one stage which is Rs. 4,135/ - to Rs. 4,050/ - in the time scale of pay, for a period of two years with immediate effect, was upheld. He 'was also awarded punishment of restraint on earning increments of pay during the period of reduction of salary.
(2.) THE aforesaid order of punishment was imposed on the petitioner -appellant herein on the charge that while he was posted as Havildar at Bacheli in the State of Karnataka, he had gone to.visit a constable who was admitted in NMDC Appolo Central Hospital at Bacheli, but unfortunately the constable died, after which there was commotion in the hospital, alleging negligence on the part of the Doctors. The appellant was alleged to have provoked the mob in the hospital, as a result of which the hospital premises was ransacked and the windowpanes and doors were damaged and he was also alleged to have insulted the superior officers. On account of this incident, a memorandum of charge was served on the appellant and thereafter an enquiry was also initiated against him, in which the appellant duly participated where he had full opportunity to cross - examine the witnesses who had been produced. The Enquiry Officer, after scrutiny of the attending circumstances in the light of the evidence produced, was pleased to hold that the petitioner -appellant was guilty of misconduct and dereliction of duty to the extent that he had instigated and provoked the mob in the hospital and had also insulted the Officers of C.I.S.F. Consequently a punishment of reduction of salary by one stage from Rs. 4,135/ - to Rs. 4,050/ - in the time scale of pay for a period of two years with immediate effect was imposed; as already referred to hereinbefore. He was further awarded punishment of not earning increments of pay during the period of reduction of salary.
(3.) THE (delinquent appellant, feeling aggrieved by the order of the disciplinary authority, filed a writ petition before the learned Single Judge and the learned Single Judge was pleased to observe that in view of the impugned order passed by the disciplinary authority as well as appellate authority, who have fully discussed and considered the evidence and materials on record and thereafter arrived that the guilt of the accused petitioner was fully established, there is no lack of infirmity in the impugned order. The petitioner -appellant, feeling aggrieved with the judgment of the learned Single Judge, preferred this appeal.;