IMPORTANT POINT
The court's decision emphasizes the importance of upholding discipline and proportionate penalties in disciplinary proceedings.

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 Authority has been upheld by the Appellate and Revisional Authorities. The proceedings were held after the issuance of chargesheet dated November 26, 2021. The charges framed against the petitioner are the following:

"ARTICLE OF CHARGE-I

That CISF No.120404803 SI/Exe Dashrath Lal Yadav of CISF Unit, ASG Kannur was deployed in Coy No. 531-A for Bye- Election related duties in the state of Telangana from 15.10.2021 to 30.10.2021. On 29.10.2021 at about 0130 Hrs., Local Police of Jammikunta Police Station requested the Coy Commander of Coy No. 531-A to detail 07 CISF personnel on emergency basis for election related duties. Accordingly, CISF No. 120404803 SI/Exe Dashrath Lal Yadav was detailed as In- charge along with 06 other CISF personnel and the said SI/Exe was informed to proceed for the said duty. But, the said SI/Exe denied to proceed for the said duty. Thus, SI/Exe Dashrath Lal Yadav failed to promptly obey and execute the duty detailment of his senior. When the said SI/Exe was again directed by the Coy Commander of Coy No. 531-A to proceed for the said duty, the said SI/Exe again refused to obey the order and insisted for issuing written orders to proceed for the said duty, which was later issued to him. Thereafter, SI/Exe Dashrath Lal Yadav along with 6 subordinates proceeded for the said duty at about 0310 hrs after a delay of around one and half hour. The said act of SI/Ex Dashrath Lal Yadav amounts to gross misconduct, dereliction to duty, insubordination, indiscipline, violation of Section 10 (a) of CISF Act, 1968 and unbecoming conduct of a member of armed force of the Union. Hence punishable under rule 34 of CISF Rules, 2001". Hence the charge.

ARTICLE OF CHARGE-II

That CISF No. 1204040803 SI/Exe Dashrath Lal Yadav of CISF Unit, ASG Kannur was deployed in Coy No. 531-A for Bye- Election related duties in the State of Telangana from 15.10.2021 to 30.10.2021. As requested by Local Police Jammikunta Police Station on 29.10.2021 to detail 07 CISF personnel on emergency basis for duty, CISF No. 120404803 SI/Exe Dashrath Lal Yadav as In-charge along with CISF No. 924652592 HC/GD Sukhwant Singh and other 05 CISF personnel were detailed for the said duty. SI/Exe Dashrath Lal Yadav directed the HC/GD Sukhwant Singh not to proceed for the said duty. Thus, with a view to cater to emergent detailment, CISF NO. 894650332 HC/GD C. Narayana Swamy, was detailed in place of HC/GD Sukhwant Singh. Thus, SI/Exe Dashrath Lal Yadav prevented his subordinate HC/GD Sukhwant Singh from discharging his lawful bona fide duties assigned by his senior in accordance with section 10 (a) of CISF Act, 1968. Thus, the act on part of SI/Exe Dashrat Lal Yadav tantamount to gross misconduct and indiscipline. Hence punishable under rule 34 of CISF Rules 2001". Hence the charge."