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2013 Supreme(Jhk) 358

SHREE CHANDRASHEKHAR
Harendra Singh – Appellant
Versus
Union of India through Ministry of. Home Affairs, Government of India, New Delhi – Respondent


Advocates:
Advocate Appeared
For the Petitioner: M/s B.P. Pandey, B.N. Ojha.
For the Respondents: Mr. Faiz-ur-Rahman.

JUDGMENT

By Court.- The petitioner has challenged order of penalty dated 25.9.2000, appellate order dated 8.1.2001, whereby his appeal against the order of punishment dated 25.9.2000 was rejected and revisional order dated 25.7.2001. The petitioner has been awarded punishment of lowering down his scale to the lowest scale of Rs. 3,050/- for 5 years and it has also been ordered that he would not get any increment during the' above period and the period of suspension between 08.10.1999 to 4.1.2000 shall not be counted on duty and he would get only the subsistence allowance for the period of suspension.

2. The petitioner was appointed as Constable in the Central Industrial Security Force. During 1999 Parliamentary elections, he was deployed at Shatabdi Bhawan Strong Room, A.N. College, Patna. On 7.10.1999 he completed his duty from 5.00 hrs. to 9.00 hrs and on rotation he had to join his duty between 17.00 hrs to 21.00 hrs. on the same day. It is the case of the petitioner that at about 15.00 hrs. he experienced severe stomach pain and loose motion and therefore, after informing his Guard Commander, namely K.D. Tiwari and after entrusting his arms, ammunitions and other articles, he ru































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