Dashrath Lal Yadav vs Union of India

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2024 Supreme(Del) 111

V. KAMESWAR RAO, SAURABH BANERJEE
Dashrath Lal Yadav – Appellant
Versus
Union of India – Respondent

Advocates appeared:
Ms. Saahila Lamba, Advocate, for the Petitioner.
Mr. Ripu Daman Bhardwaj, CGSC with Mr. Sahaj Garg, G.P., Mr. Kushagra Kumar, Advocate along with Inspector Sanjay Kumar and SI Prahlad Devenda, CISF.

JUDGMENT

V. Kameswar Rao, J. (Oral)

1. This petition has been filed by the petitioner with the following prayers:

"In the facts and circumstances of the case, it is most respectfully that this Hon'ble Court be pleased to:

(i) Issue a writ of certiorari quashing orders dated 08.07.2022, 09.12.2022 and 16.11.2023 issued by the departmental authorities imposing major penalty of reduction of pay by one stage upon the petitioner and consequently make arrears of pay to the petitioner with all consequential benefits;

(ii) Pass any such other orders as it may deem fit to this Hon'ble Court in the facts and circumstances of the case."

2. The primary challenge in the petition is to the orders passed by the Disciplinary Authority, Appellate Authority and the Revisional Authority whereby the penalty of reduction of pay by one stage from Rs.42,300 to Rs.41,100/- in the time scale of pay level 6 (Rs.35,400 to Rs.1,09,100) for a period of one year with immediate effect with a further direction that petitioner will not earn increments of pay during the period of reduction and on expiry of the period of reduction will have the effect of postponing his future increments of pay imposed by the Disciplinary