JHARKHAND HIGH COURT ISSUES ORDER ON BALWAN SINGH V/S THE UNION OF INDIA AND ORS.

RANCHI, India, Dec. 30 -- Jharkhand High Court issued the following order on Dec. 1:

1. Heard learned counsel for the parties.

2. The instant writ application has been preferred by the petitioner for quashing the order contained in Memo No. V- 11014 / Pukh / Vivin / Revision-10/2014- 12556 dated 14.11.2014, passed by Director General of Police, Central Industrial Security Force, Eastern Division, Headquarter, Boring Road, Patna; whereby the revision petition dated 23.07.2014, preferred by the petitioner has been dismissed affirming the Appellate order dated 13/09/2013, contained in Memo No. V11014/E2/Ad II/Ap1-15/BS/2013-619, passed by Deputy Inspector General of Police, Central Industrial Security Force, Patliputra Headquarter, Patna; whereby the appellate authority has modified the order dated 14/05/2013, passed by Commandant, Central Industrial Security Force, C.T.P.S. Chandrapura, Bokaro in the following manner "Reduction of pay to the minimum stage in the pay band of Const/GD for a period of three years with immediate effect with cumulative effect to that of Reduction of pay by one stage from Rs. 7,830/- GP Rs. 2,000/- to Rs. 7,540/- + GP Rs. 2,000/- (in the pay band of PB-I Rs. 5,200-20,200/-+ GP Rs. 2,000/-) for a period of three years. It is further directed that he will not earn increment of pay during the period of reduction and on expiry of the period of reduction, it will have the effect of postponing his future increment of pay." Initially in a departmental proceeding the petitioner who is a constable in Central Industrial Security Force, CTPS, Chandrapura, Bokaro was imposed major penalty vide order dated 14/05/2013, contained in Memo No. V15014/CTPS/Anu/Major-4/13- 1632, passed by Commandant, Central Industrial C.T.P.S., Security Force, Bokaro, Chandrapura in the following manner "Reduction of pay to the minimum stage in the pay band of Const/GD for a period of three years with immediate effect. It is further directed that he will earn increment of pay during the period not of reduction and on expiry of the period of reduction, it will have the effect of postponing his future increment of pay. The period from 18.02.2013 to 18.03.2013 is treated as suspension only for all purposes". II. Further prayed for direction upon the respondent authorities to pay all the monetary benefits for which the petitioner is legally entitled for.

3. Briefly stated, as per the pleadings in the writ application is that on 21.02.2013, a Memo of charge against the petitioner was served and a show cause was issued to the petitioner. The petitioner submitted his reply to the show cause on 27/02/2013 within stipulated time. Thereafter, Mr. B.N.Murmu was appointed as enquiry Officer and he submitted his brief note of Departmental Proceeding on 13/04/2013 and the petitioner submitted his reply to the brief note on 22/04/2013. Thereafter, Inquiry Report was submitted by the Enquiry Officer on 27.04.2013 under CISF Rules 2003, Rule 36 and the petitioner submitted his written defense regarding the enquiry report on 10.05.2013.

*Rest of the document can be viewed at: (https://hcservices.ecourts.gov.in/ecourtindiaHC/cases/display_pdf.php?filename=oVz058q2ZLjDVEITM0Vw1JstcPVeLZieC1r0D8AvF6U5De%2BZoPLwTRRwXB3hDJQ%2F&caseno=WPC/5079/2015&cCode=1&cino=JHHC010198172015&state_code=7&appFlag=)

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