D. Murugesan, J.

The petitioner was appointed to the Central Industrial Security Force during the year 1990 as a Constable. He was issued with a charge memo dated 1. 2007 containing the following charges:-

"(1) Gross misconduct and negligence in that No.914440095 Constable C.K.G.Nathan of CISF Unit CPCL Manali was detailed for "A" shift duty from 0500 hrs to 1300 hrs on 112. 2006 at West Gate-II in checking Rifle failed to take care of his duty area due to which unclaimed amount of Rs.485/-recovered from his area of responsibility by a team while raiding the area at about 1235 hrs on 112. 06. Hence the charge.

(2) Gross misconduct, in that No.914440095 Constable C.K.G.Nathan of CISF Unit CPCL Manali discarded the rifle issued to him without properly handing over it and intentionally ignored to change the rifle duty as per the instructions at West Gate-II on 112. 2006. Hence the charge."

By explanation dated 11. 2007, he disputed the charges. In spite of such denial, the Assistant Commandant, Central Industrial Security Force, the first respondent passed the impugned order dated 2. 2007 imposing a minor penalty of withholding of one increment for a period of one year which w