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Court No. - 6

Case :- WRIT - A No. - 15007 of 2020

Petitioner :- Ravi Kant Tripathi

Respondent :- Union Of India And 4 Others

Counsel for Petitioner :- Manisha Chaturvedi

Counsel for Respondent :- A.S.G.I.

Hon'ble Ajay Bhanot,J.

1. The petitioner faced regular departmental enquiry

proceedings primarily on the footing of having committed

offences under Section 3/4/5 of the Immoral Trafficking Act,

1956. The substance of the charges against the petitioner was

that he had indulged in the aforesaid activities while he was

on duty and after taking an out pass for the purposes of

purchase of items of daily use.

2. As the enquiry proceeded, the criminal trial against the

petitioner was also on foot.

3. The disciplinary enquiry proceedings found the petitioner

guilty as charged and the petitioner was awarded a major

penalty of "reduction of pay by lowest stage i.e. from

Rs.7830/- with Grade Pay of Rs.2000/- to Rs.6460/- with

Grade Pay of Rs.2000/- in the time scale of pay in the Pay

Band-I of Rs.5200-20200 for a period of five years with

immediate effect. It is further directed that No.094460177

Constable Ravikant Tripathi 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. The petitioner took the order of penalty in appeal before

various departmental authorities. The appeal and the revision

of the petitioner were dismissed by orders dated 30.06.2015

and 30.12.2015 respectively.

5. Subsequently, the petitioner was acquitted by the learned

trial court / learned Judicial Magistrate, 1st Class, Ranchi by

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judgement and order rendered on 09.01.2020 in Case

No.4887/2014 under Section 5(1) and Section 3(2)(a), 4 and

5(1) of the Immoral Trafficking Act, 1956 in connection with

the F.I.R. bearing Case Crime No.281/14 dated 27.08.2014

at Police Station-Jagarnathpur, under Section 3/4/5 of the

Immoral Trafficking Act, 1956.

6. It is submitted that the order passed by the learned trial

court has attained finality, inasmuch as, no appeal against the

said order is pending before any court of law.

7. The petitioner has made an application to the competent

authority for revisiting his case in view of his acquittal in the

criminal case by the learned trial court.

8. The application of the petitioner for reconsideration has

been rejected by the impugned order dated 05.10.2020 on

the ground that "the petitioner has already availed

departmental remedies against the punishment. As per the

Central Industrial Security Forces (C.I.S.F.) Rules, 2001

there is no provision to consider the second appeal/revision."

9. The only prayer made by Ms. Manisha Chaturvedi,

learned counsel for the petitioner is that the application for

reconsideration of his case in light of the judgement

rendered on 09.01.2020 by the learned Judicial Magistrate,

1st Class, Ranchi in Case No.4887/2014 under Section 5(1)

and Section 3(2)(a), 4 and 5(1) of the Immoral Trafficking

Act, 1956 in connection with the F.I.R. bearing case crime

No.281/14 dated 27.08.2014 at Police Station-Jagarnathpur,

under Section 3/4/5 of the Immoral Trafficking Act, 1956

may be decided within a stipulated period of time.

10. Ms. Manisha Chaturvedi, learned counsel for the

petitioner calls attention to the Rule 56 of the Central

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Industrial Security Forces Rules, 2001 to submit that the

application is maintainable in light of subsequent

development of acquittal by the trial court in the criminal

case.

11. Sri Dinesh Kumar Misra, learned Central Counsel for the

Union of India - respondents defends the impugned order by

reiterating the reasoning to contained therein.

12. Heard learned counsel for the parties.

13. The facts which are relevant for the adjudication of the

short controversy are beyond the pale of any dispute.

14. The departmental enquiry against the petitioner was

instituted af