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2016 Supreme(Del) 545

HIMA KOHLI, SUNIL GAUR
RAM NARESH – Appellant
Versus
UNION OF INDIA – Respondent


Advocate Appeared:
Mr. Himanshu Bajaj and Ms. Sakshi Agrawal, Advocates
Ms. Barkha Babbar and Ms. Dipanjali Tyagi, Advocates

JUDGMENT

SUNIL GAUR, J

1. Penalty of reduction of pay by two stages i.e. from Rs7860/- to Rs.7290/- in the time scale of pay Rs.5200-20200/- + Rs.2000/- (Grade Pay) for a period of one year with the rider that petitioner will not earn increments of his pay during the period of reduction and that on expiry of this period, the reduction will have the effect of postponing his future increments of pay, is assailed in this petition by petitioner, who was working as Constable of Central Industrial Security Force (CISF) Unit, SSG, Greater Noida (U.P.) in the year 2010.

2. Vide Office Memorandum of 12th September, 2011, charge-sheet under Rule 36 of the CISF Rules-2001 was issued. The Article of Charge upon which petitioner was departmentally tried reads as under: -

“That No.014070042 Const. (GD) Ram Naresh, ‘Adm’ Group, CISF Unit, SSG, Greater Noida, (U.P.) while performing duty in MI Room of the unit involved himself in malpractice during the process of medical test of Anand Kumar for the post of Constable in CISF scheduled to be held at CISF Hospital, Ghaziabad, U.P. in August, 2010. Such serious act on his part tantamount to gross indiscipline, misconduct, dereliction of duty, which is



























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