A.C. Upadhyay, J.

1. Heard Mr. M. Chanda, learned Counsel for the Petitioner as well as Mr. S.C. Shyam, learned CGC appearing for the Respondents.

2. Facts leading to the filing of this writ petition may be summarised as follows:

The Petitioner joined in the service of Assam Rifles as Lance Naik (Writer) on 11.04.1969. Having found the service of the Petitioner satisfactory, the Respondent authority Assam Rifles promoted him to the post of Naik clerk on 25.1.74 and subsequently to the post of Havildar Clerk on 27.9.79. After serving for about 11 years in the post of Havildar Clerk, the Petitioner was suddenly demoted to the rank of Rifleman clerk by an order dated 18.8.88, on the ground of misconduct, for having failed to control the agitation launched by the employees of Assam Rifles on 6.7.98, as a senior employee.

3. In this context it has been stated by the Petitioner that many other employees of Assam Rifles who participated in the said agitation on 6.7.88, were dismissed from service. However, the Petitioner was neither dismissed nor placed under suspension, but was demoted to the rank of Rifleman without holding any enquiry in terms of the provision of Rule 19 (ii) of CCS (CC & A) Rules, 1965. The reasons for demoting the Petitioner as reflected in the order dated 18.8.88 passed by the competent authority reads as follows:

1. Whereas some personnel of Assam Rifles have resorted to various forms of agitational approach for redress of grievances contrary to rules and order, and whereas No. C/360181 Rank Hav/Clk Name Akbar Ali of 9th Battalion. The Assam Rifles has actively participated on 6th July 1988 at Battalion Headquarters at Kimin in the unlawful activities in furtherance of said agitation in violation of the code of conduct and resorted to Hunger Strike and took out procession & shouted slogans in the unit lines and, being a responsible individual, failed to take necessary steps to normalise the situation and disperse the agitators. The above conduct and action of No. C/360181 Rank Hav/Clk Name Akbar Ali of 9th Battalion. The Assam Rifles largely contributed to the general acts of indiscipline in the 9th Battalion. The Assam Rifles on 6th July 1988 and created an atmosphere which was detrimental to good order and discipline of Assam Rifles Force No. C/360181 Rank Hav/Clk Name Akbar Ali of 9th Battalion. The Assam Rifles is thus liable to serve disciplinary action for violating of Rules 3 and 9 of the Central Civil Service (Conduct) Rules 1964 in accordance with the procedure laid down in the Central Civil Services (Classification, Control and Appeal) Rules, 1965.

2. And whereas the undersigned after careful consideration of the facts and circumstances is of the view that a formal inquiry is not practicable for the following reasons:

(a) Consequent to the agitational approach and incitement of innocent personnel an atmosphere has been created whereby any attempt to hold a formal inquiry may lead to general indiscipline and insubordination.

(b) No. C/360181 Rank Hav/Clk Name Akbar Ali and his close associate may intimidate or terrorise witness who are likely to give evidence against him with fear or reprisal to prevent them from giving evidence.

(c) The disclosure of certain things through evidence may adverse to National Security in general and the Assam Rifles in particular.

3. Now, therefore, the undersigned in consideration of the gravity of the misconduct and the impracticability of holding a formal inquiry against said No. C/360181 Rank Hav/Clk Name Akbar Ali of 9th Battalion The Assam Rifles for reasons aforesaid, impose the penalty "Reduced to the Ranks" against No. C/ 360181 Rank Hav/Clk Name Akbar Ali of 9th Battalion. The Assam Rifles with effect from 18th Aug 88 under the provisions of Rule 19 (ii) of the Central Civil Service (Classification, Control and Appeal) Rules 1965 dispensing with the inquiry under Clause (b) of the second proviso to Article 311(2) of the Constitution of India." The punishment afor