JUDGMENT :

The present petition is maintained by the petitioner for the grant of following substantive reliefs :-

(i) “To declare the acts of respondent while passing the punishment order reduction to lower time scale of pay vide Annexure P-14, dismissal of appeal order Annexure P-16 and revised order of punishment Annexure P-18, as an arbitrary, discriminatory and illegal hence quash and set aside the Annexure P-14, dated 17.3.2011, Annexure P-16, dated 7.7.2011 and Annexure P-18 dated 28.12.2011, in the interest of justice;

(ii) To quash and set aside the impugned orders of respondents because it is against the principles of natural justice being passed against provisions of laws. It is submitted that no revised order can be passed without hearing the concerned member. No revised order can be passed by same officer under rule 54 of CISF Rules 2001;

(iii) To direct the respondents to pay all consequential benefits of retirement, gratuity etc. along with 12% interest to the petitioner forthwith;

(iv) To direct respondents to pay the pension as per CCS Pension Rules forthwith. The arrear may be directed to be paid with interest @12% to the petitioner;

(v) To direct respondents to pay the petitioner the cost of the petition and to produce the record of the case before this Hon’ble Court.

2. As per the petitioner, he was appointed as Constable with the respondents, vide enrollment No.761300229, on 23.9.1976 and he was posted in Steel Plant at Durgapur (West Bengal). The petitioner served with the respondents at different stations in the Country. He was promoted, as Head Constable in the year 1997 and was posted in National Fertilizer Ltd. Nangal (Punjab). Thereafter, in June, 2008, the petitioner was transferred to GBS (Govt. Building Security) North Block, New Delhi and served there till June, 2011. Thereafter, he was transferred to Bharat Heavy Electrical Ltd., Haridwar and till he got volunteer retirement on 30.9.2011, he served there. Further, the petitioner served the respondents with his best ability and his services has always been appreciated by his superiors.

3. It has been submitted that in the year 2010, when the applicant was serving in Government Building Security North Block, New Delhi, a sting operation was conducted by the News ‘X’ Channel on 4.6.2010 in the said building and it has been alleged that the petitioner and one Lady Constable namely Smt. Annu Kumari were deputed at Gate No.6 IN on 4th June, 2010 and their duty hours were w.e.f. 13.00 O’clock to 21.00 O’clock and both while on duty, allowed a media person to enter Gate No.6 IN without checking the pass or Identity Card. It has been submitted that only the petitioner was suspended on this account and no action was taken against the other Lady Constable. The petitioner was suspended on 11.8.2010 by respondent No.3 and his Headquarters was fixed at Hqrs. Coy, CISF Unit, GBS, Mahipalpur, New Delhi and the said suspension order was revoked by respondent No.3, vide letter, dated 7.10.2010 (Annexure P-2).

4. It has been averred that respondent No.4 issued a memorandum of charges against the petitioner vide letter dated 20.9.2010 and the petitioner was also issued the statement of Inspector Shri R.L. Mina and statement of petitioner, which was recorded by respondent No.4 on 26.8.2010. The petitioner wrote a letter to respondent No.3, to supply him unedited CD, which was shown to him on 07.07.2010 in DIG office, Jamnagar and the statement of Lady Constable Annu Kumari vide letter dated 8.11.2010. Respondent No.3 appointed Assistant Commandant Sh. D.S. Sankhyan, as Enquiry Officer on 7.10.2010. The Enquiry Officer examined the petitioner before departmental enquiry on 30.10.2010, in which the petitioner again claimed the unedited CD shown to him on 7.7.2010 in the office of DIG at Jamnagar and the statement of Lady Constable Annu Kumari and during this proceeding, the statement of Working Incharge, namely Sh. R.L. Mina was again recorded. It has been submitted that said S