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P. B. BALAJI
O. Ganesan – Appellant
Versus
Director General Central Industrial Security Force, New Delhi – Respondent
JUDGMENT
(Prayer: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorarified Mandamus Call for the records and quash the order passed by the 2nd respondent dated 12. 09.2018 through its Letter No. V-15014/CISF/SS/L&R/ Rev/ OG/ 19/ 2018-7612 confirming the order of the 3rd respondent vide appellate order No. 11014(1)/ APL-04/ OG/ SZ/ L AND R/ 2018/ 3555 dated 09.04.2018 and the order of the 4th respondent in Letter No. V-15014/ GHC/ AD.VI/ Disc/Major-OR/ RGN (S)/ 2018/ 383 dated 09.02.2018 ie. reduction of pay by one stage(in the revised matrix in level-6) from Rs.46,200 to 44,900/- for a period of one year. It is further ordered that during the period of reduction, the petitioner will not earn increments of pay and that on expiry of this period, the reduction will have the effect of postponing his future increments of pay and direct the respondents to pay the deducted amount Rs.1300/- per month and the salary of the petitioner with effect from April 2018 to till the disposal of this Writ Petition.)
1. The petitioner seeks issuance of a Writ of Certiorarified Mandamus to quash the order of the 2nd respondent dated 12.09.2018, confirmin
Limited scope of interference in departmental enquiries unless there is perversity writ large on the face of the proceedings or gross violation of principles of natural justice.
The central legal point established in the judgment is the importance of discipline and hierarchical structure in uniformed services, particularly in cases involving assault on a senior officer.
The nature of misconduct proved by the Disciplinary Authority is grave in nature and the petitioner acted unbecoming of an Armed Force Personnel, while performing the patrolling duty.
The main legal point established in the judgment is that disciplinary orders must comply with the principles and provisions of the applicable rules and regulations, including the requirement for vali....
The main legal point established is that fair and proper departmental enquiry proceedings, including the choice of language and cross-examination of witnesses, are crucial in determining the validity....
Disciplinary actions must adhere to established procedures, and courts will not interfere unless the punishment is shockingly disproportionate or the process violated natural justice.
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