LAWS(CA)-2006-9-51

CONST AFZAL AHMAD NO 2404/PCR Vs. COMMISSIONER OF POLICE AND UNION OF INDIA UOI THROUGH SECRETARY OF HOME AFFAIRS

Decided On September 12, 2006

JUDGEMENT

(1.) THE applicant has challenged the punishment order imposed against him whereby his salary has been reduced to initial stage i.e. from Rs. 3500/- to Rs. 3050/- P.M. in the time scale of pay for a period of two years permanently and further they directed that the absence period shall be treated as not spent on duty. THE applicant has also filed an appeal. THE Appellate Authority having found no other mitigating circumstances reduced the punishment and affirmed the same. Being aggrieved by the punishment order passed by both the authorities, he has filed the present Original Application.

(2.) A departmental proceeding was initiated against the applicant for an unauthorized absence for the following periods:

(3.) LEARNED Counsel for the applicant in the course of hearing has invited our attention to Annexure A-7, a certificate purported to have been issued by Institute of Human Behaviour & Allied Sciences dated 5.4.2004. On a careful analysis of the certificate, we found that it does not come to his rescue since this has been issued after disposal of the disciplinary proceeding and, therefore, has hardly any relevance to dispose of the present case.