- (1.) HEARD the parties, and with their consent this writ petition is being disposed of at this stage itself.
(2.) THE petitioner is aggrieved by the order as contained in Annexure -6 dated 11.3.2003 whereby the disciplinary authority has passed an order awarding punishment to the petitioner for reduction of pay scale by two stages from Rs. 17,900/ - to Rs. 17,100/ - in the pay scale of Rs. 14,300 -18,300/ - for a period of three years w.e.f. 20.3.2003, with further directions that he will not earn increments of pay during the period of reduction and that on the expiry of this period, the reduction will have the effect of postponing his future increments of pay. The petitioner while posted as commandant in 23 Battalion, C.R.P.F. at Salakati, Kokrajhar district in the State of Assam was served with article of charges. The first charge was that while functioning as such during December, 1995 to January, 1996 committed an act of misconduct in that he unduly favoured LNK Durga Tiwari by showing them on duty from 9.12.1995 to 20.12.1995 and w.e.f. 21.1.1996 respectively while they were actually on 10 days casual leave each during the above period when they were detailed for transportation of wood/wooden materials from Assam to Patna to be delivered at his residence who was availing leave from 29.12.1995 to 25.1.1996 at Patna, and thereby, failed to maintain absolute integrity and devotion to duty.
(3.) SECOND charge was that during the aforesaid period while functioning in the aforesaid capacity committed an act of misconduct in that he maintained livestock i.e. Piggery, Poultry, Cow, Rabbits etc. at the Battalion Headquarters area and at his official residence in contravention of departmental instructions for his private purpose.;