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N. UNNI KRISHNAN NAIR
Force no. 015183677 Ct/Gd Ravindra Kumar, S/O Alok Kumar – Appellant
Versus
Union Of India – Respondent
JUDGMENT :
Heard Mr. R. Majumdar, learned counsel for the petitioner. Also heard Mr. M. R. Adhikari, learned CGC appearing for the respondents.
2. The petitioner, in the present proceeding has assailed the penalty imposed upon him vide the order dated 15.11.2007, passed by the Commandant 62 Battalion, Central Reserve Police Force (CRPF) to the extent that the same has been so imposed with “cumulative effect” on the ground that the same is not in consonance with the prescription as made in this connection under the provisions of the Central Reserve Police Force Act, 1949 and Central Reserve Police Force Rules, 1955.
3. The petitioner, while working as a Constable General Duty (GD) in Central Reserve Police Force (CRPF), a departmental proceeding came to be instituted against the petitioner basing on the allegation that he had remained unauthorizedly absent, which was construed as misconduct. On conclusion of the departmental enquiry so held in the matter against the petitioner, the Commandant 62 Battalion, Central Reserve Police Force, Koilwar, ARA, Bihar, proceeded vide order dated 15.11.2007, to impose upon the petitioner a penalty of stoppage of annual increment for a period of 5(fi
The imposition of a penalty not prescribed under statutory rules is invalid, and cumulative penalties are not permissible under the Central Reserve Police Force Rules.
Penalties imposed must align with statutory provisions; cumulative penalties not prescribed are invalid.
Withholding increments with cumulative effect permissible as major penalty under Rule 66 after regular enquiry; challenge after 16-year delay barred by laches, no continuing cause of action from recu....
Stoppage of increments with cumulative effect is a major penalty requiring a departmental enquiry under the Chhattisgarh Civil Services Rules, 1966.
As per Rule 27(a) of Rules of 1949, punishment of dismissal or removal from service including that of reduction to a lower stage in time scale of pay for a specific period can be imposed by Commandan....
The absence of a Presenting Officer does not vitiate disciplinary proceedings if conducted fairly, and misconduct is defined as conduct inconsistent with the faithful discharge of duty.
The punishment takes effect from the date of serving the order to the employee, and the currency of punishment may vary based on the nature of the punishment imposed.
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