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2014 Supreme(Del) 2737

KAILASH GAMBHIR, NAJMI WAZIRI
S. C. PARASHAR – Appellant
Versus
UNION OF INDIA – Respondent


Advocate Appeared:
For The Petitioner:Mr. Devananda Singh, Advocate.
For The Respondent:Mr. Vikas Mahajan, CGSC with Mr. S.S. Rai & Mr. Rohan Gupta, Advocates.

ORDER :

KAILASH GAMBHIR, J.

1. By this petition filed under Articles 226 and 227 of the Constitution of India, the petitioner seeks a writ of certiorari for quashing the Order dated 09.04.2013, passed by respondent No.2 whereby the pay of the petitioner has been reduced by one stage in the time scale of pay for a period of two years i.e. from the pay band of Rs. 51,190/- to 49,440/- to the pay band of Rs. 37,400/- to Rs. 67,000/- with grade pay of Rs. 8900/-.

2. In brief, the facts of the case are as follows:

The petitioner was functioning as a Commandant, 102 Bn RAF, Mumbai. Two coys of 102 Bn RAF were deployed in Goa for a temporary duty. Accordingly, C& D/102 moved to Goa on 22/11/2006 and on the same date the petitioner visited there in Goa. During the visit, he asked Shri M.K Singh, Assistant Commandant, and Officer Commanding – C/102 RAF to purchase liquor from Goa for the Battalion. He also allegedly directed Shri B.R Meena, Dy Commandant at Bn. Hqrs. to bring Rs.30,000/- from the Unit Canteen Fund for this purpose, without maintaining any record. Accordingly, OC-C/102 purchased about 51 cases of Goan liquor and brought to Bn. Hqrs. in the unit vehicle, when the coy returned






































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