IMPORTANT POINT
The gravity of charges and the authority's power to modify penalties under Rule 54 of the CISF Rules were central to the judgment.

JUDGMENT

Saurabh Banerjee, J. (Oral)

1. The petitioner, an Ex-Constable (CT/GD) in Central Industrial Security Force (CISF), vide the present petition under Article 226 of the Constitution of India, prays for setting aside the impugned order dated 11.07.2018 passed by the respondent No.2 in appeal filed by the petitioner against the order dated 16.01.2018 passed by the Inspector General/North Sector, CISF removing the petitioner from service and for a direction to reinstate the petitioner alongwith all consequential benefits.

2. According to the facts of the present petition, the petitioner while stationed at CISF Unit HEP Uri-I was charged with two offences: OFFENCE I: For molesting wife of an SI (Exe) [SI] by entering his residential quarter in his absence on 01.11.2015 and OFFENCE II: For threatening to attack the said SI and his wife with AK-47 rifle.

3. Upon a written complaint made by the SI to the Commandant, CISF Unit HEP Uri [Unit], the petitioner was placed under suspension in exercise of powers conferred by Rule 33(1) of the CISF Rules, 2001 [CISF Rules] by the Enquiry Officer whereafter a departmental enquiry was initiated against the petitioner on 03.11.2015. Eventually, the petitioner was transferred to CISF 7th RB Kishtwar on 26.11.2015.

4. The Disciplinary Authority agreeing with the findings of the Enquiry Officer removed the petitioner from service on 12.05.2016.

5. The petitioner filed an appeal against the order dated 12.05.2016 of the Disciplinary Authority before the Deputy Inspector General, CISF North Zone-1 HQRs, being the Appellate Authority. The said Appellate Authority, vide its order dated 03.08.2016, despite agreeing with the factual matrix involved therein and after noting the short span of service and young age of the petitioner, reduced the penalty of `Removal from service' to `Reduction of pay by three stages' for a period of three years with direction of no increment during the period of reduction. In continuation thereof, the Appellate Authority on 14.09.2016 also upheld its proposal of treating the intervening period of 13.05.2016 to 15.08.2016 i.e. period of removal from service as `Dies Non' on the principle of `No Work No Pay'.

6. The aforesaid led to filing of a Revision Petition against the order dated 03.08.2016 before the Inspector General, CISF North Sector, being the Revisional Authority, by the petitioner. The Revisional Authority has by minutely going through every single averment made by the petitioner in his revision petition as well as entire proceedings, was of the view that the appellate authority who had reinstated the petitioner in service by reducing the penalty may not have considered the gravity of the charges in true and right perspective invoked his power under Rule 54 of the CISF Rules and issued a show-cause notice dated 31.10.2017 proposing to enhance the penalty to that of "dismissal" from service. Reply thereof was given by the petitioner on 01.12.2017. The Revisional Authority, vide order dated 16.01.2018, modified the aforesaid order and the petitioner was removed from service.

7. This led to filing of an appeal against the order dated 16.01.2018 before the Director General, CISF, by the petitioner. However, the Director General, CISF, vide the impugned order dated 11.07.2018, rejected the appeal of the petitioner.

8. Thus, the present petition. The learned counsel for the petitioner, amongst the various grounds urged, primarily submits that the internal departmental inquiry was biased with the aim to implicate the petitioner and that no eye witness or independent witness has corroborated the testimony of wife of the SI. He also submits that the petitioner was disallowed from leading any evidence in his favour and also that the petitioner was transferred to CISF 7th RB Kishtwar to purposely withhold him from presenting an effective defense.

9. Learned counsel for the petitioner further submits that wife of the SI was suffering from hysteria and mental disorder and her te