Disciplinary punishment must be proportionate to established charges; unproven allegations should impact final penalties.

ORDER :

Biraja Prasanna Satapathy, J.

1. This matter is taken up through Hybrid Arrangement (Virtual/Physical) Mode.

2. Heard learned counsel for the parties.

3. The present Writ Petition has been filed inter alia challenging the order of punishment passed by the Disciplinary Authority-Opp. Party No.3 vide order dated 14.07.2022 under Annexure-3, further confirmed by the Appellate Authority-Opp. Party No.4 on 01.10.2022 under Annexure-5, and order dated 24.03.2023 passed by the Revisional Authority-Opp. Party No.5 under Annexure-7.

4. It is contended that petitioner while working as a Constable in CISF Unit, NALCO Damanjodi, a proceeding was initiated against him vide Memorandum dated 11/12.02.2022 under Annexure-1 with the following charges:-

Article-I

“That on 03.02.2022 at about 1337 hrs No. 140504110 Const/GD Udesh Kumar of Mines Coy, CISF Unit NALCO Damanjodi snatched mobile phone from No. 942296901, HC/GD R.N.S. Gujar (CHM) and thereafter by weaving a FARSA like a life threatening tool (a type of local axe used in Odisha) he threatened to kill HC/GD R.N.S. Gujar. Such act on the part of No. 140504110 Constable/GD Udesh Kumar amounts to gross misconduct, indiscipline and disobedience of lawful orders superiors. Hence, the charge.

Article-II

That, On 03.02.2022, No.140504110, Const/GD Udesh Kumar, Mines Coy of CISF Unit NALCO Damanjodi disobeyed the lawful orders passed by. the superior, breached the discipline of Unit barrack, put barrack living personnel in an embarrassment situation of this Unit, created an atmosphere of terror and also argued with No.942296901, HC/GD R.N.S. Gujar (CHM) by using un-parliamentary and vulgar language. Such act on the part of No.140504110 Constable/GD Udesh Kumar amounts to gross misconduct, indiscipline and disobedience of lawful orders superiors. Hence, the charge.

Article-III

That 03.02.2022 at 1630 hrs, No.140504110 Const/GD Udesh Kumar, Mines Coy of CISF Unit NALCO Damanjodi was called for counseling by Dy. Commandant/Mines at his office chamber but by defying such instructions he replied that he was detailed in night shift duties & there was no written order with him to go for office. Such act on the part of No.140504110 Constable/GD Udesh Kumar amounts to gross indiscipline and violation of lawful orders of his superior. Hence, the charge.”

4.1. It is contended that petitioner not only filed his reply to the Memorandum under Annexure-2 but also participated in the enquiry so conducted. However, without proper appreciation of the reply so submitted by the petitioner under Annexure-2, O.P. No.3 while disposing the proceeding vide order dated 14.07.2022 under Annexure-3, imposed the punishment as provided under Rule-34(v) of CISF Rules, 2001 (in short Rules). Rule-34(v) of the Rules reads as follows:-

“(v) save as provided for in clause(viii) below, reduction to a lower stage in the time scale of pay for a specified period with further directions as to whether or not the enrolled member will earn increments of pay during the period of such reduction and whether on the expiry of such period, the reduction will have the effect of postponing the future increments of his pay.”

4.2. It is contended that petitioner was imposed with the following punishment by Opp. Party No.3 vide order dated 14.07.2022:-

“Reduction of Pay by 02 stages from Rs.28,400/- to Rs.26,800/- in level-3 of the pay matrix for a period of 02 years. It is further directed that he will not earn increments of pay during the period of reduction and that on expiry of this period, the reduction will have the effect of postponing his future increments of pay.”

4.3. It is contended that challenging such order of punishment passed by Opp. Party No.3 under Annexure- 3, petitioner preferred an appeal before Opp. Party No.4