JUDGMENT :

Madhuresh Prasad, J.

1. The Commandant (CISF Unit) ECL Seetalpur vide order dated 20/21.12.2005 awarded a penalty of reduction of pay by one stage with cumulative effect to the writ petitioner, a constable in the force. The petitioner’s appeal against the order of the disciplinary authority was rejected by the appellate authority on 17.02.2006. The order of the disciplinary authority and the appellate authority were impugned in the writ petition. The Hon’ble Single Judge by a judgment dated 22.03.2011 set aside the order of the disciplinary authority relying upon the provisions contained in Clause (c) of sub-Rule (5) of Rule 36 of the Central Industrial Security Force Rules, 2001 (hereinafter referred to as the “2001 Rules” for short). The Hon’ble Single Judge concluded :

“When acting on the representation of the Presenting Officer the Inquiring Authority concluded that the charge against the petitioner was not proved, the Disciplinary Authority could not take a view different from what the Presenting Officer took before the Inquiring Authority. By this I mean that the Disciplinary Authority presenting his case before the Inquiring Authority through his duly appointed Prese