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2018 Supreme(Ker) 165

P.V.ASHA
Mohan Singh, S/o. Ganga Bahadur – Appellant
Versus
Director General/Cisf, Cisf Head Quarters – Respondent


Advocates Appeared:
For the Petitioner: Sri. V. Jayadhar, Sri. G. Pradeep Kumar, Sri. K. Nirmalan
For the Respondents: Sri. N.Nagaresh, Assistant Solicitor General, Smt. O.M. Shaleena, CGC., Sri. Jaishankar V. Nair, CGC

JUDGMENT :

1. The learned Assistant Solicitor General of India raised a preliminary objection as to the maintainability of the writ petition, on the ground that the cause of action did not arise within the jurisdiction of this Court. Hence the preliminary issue was heard.

2. Petitioner is a Constable in Central Industrial Security Force (CISF). He is challenging the orders passed against him in the departmental action. Ext P3 memo of charge was issued to him by the 5th respondent-the Assistant Commandant, CISF Unit, Vishakhapatnam Port Trust, while the petitioner was working in that unit. The petitioner submitted his reply to the 5th respondent. The 5th respondent issued Ext.P5 order finalising the disciplinary action awarding 'censure'. Thereafter, the 4th respondent issued Ext.P4 show cause notice on 04.12.2015 in exercise of his power to review suo motu proposing to enhance the punishment of withholding of one increment for two years which will not have the effect of postponing of future increment in pay. Petitioner submitted Ext.P7 objection on 14.12.2015. But the 4th respondent issued Ext.P8 order on 06.01.2016 enhancing the penalty to withholding of one increment for one year.



















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