Hon’ble Mr. Sanjeeva Kumar, Member (A):

By way of this OA filed under Section 19 of the Administrative

Tribunals Act 1985, the applicant has challenged the impugned

order dated 2.03.2015 vide which under Rule 9 of CCS (Pension)

Rules 1972, the disciplinary authority has imposed a penalty of

withholding of 10% of monthly pension permanently on the

applicant.

2. The case in brief is that on 11.05.2001, a Technology day

function to give away the National Awards was organized by the

Ministry of Human Resource Development at Convention Hall,

Ashoka Hotel, New Delhi. The Hon’ble Vice President of India

graced the occasion and he also launched a car REWA which was

kept at a distance of 20/25 yards on the right side of the dais.

However, after launching the car, when the Hon’ble Vice President

was conducted to Dais, suddenly one person identified as Sandeep

Jaidka threw a packet of cake on the face of Dr. N.K. Sharma, MD,

NRDC who was sitting in the 2^nd row of centre wing. Thereafter,

the said Sandeep Jaidka climbed up the stairs from centre and

reached the dais. He gave one leaflet to the Hon’ble Vice President

of India and another to dignitary on the dais and shouted that

deserving persons are being denied the awards. Then he climbed

down the dais from stairs and came out of the Convention Hall

where he was nabbed by police and handed over to local police for

necessary action. The RR team responsible for safety and security

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of Hon’ble Vice President consisted of six security personnel

including the applicant who were deployed under the supervision

of a Inspector for carrying out AS check of the venue and to provide

Close Protection Team to the VVIP during movement from alighting

point to dais and back including other places, if any.

3. The RR Team was also to ensure that no unauthorized person

gains access near the VVIP during the stay at the place of function

including movement and dais. They were also required that

neither any media men nor any unauthorized person is allowed

access on the dais in any circumstances. The RR team staff was

present in the close proximity of the VVIP i.e. dais but none of

them had reacted to apprehend Sandip Jaidka, who not only

pasted the cake on the face of Shri N.K. Sharma but also

distributed the leaflets and climbed on the dais from centre of the

stage. There were a number of flowerpots kept on the front stairs

and as such there was hardly any place for anyone to climb on the

dais. As such they miserably failed to prevent an unauthorized

person to climb the dais and reach in the close proximity of the

VVIP by breaking the security cordon.

4.

For this serious breach, an inquiry was conducted which

concluded as follows:

“2. And whereas, Shri M.M. Oberoi, Enquiry Officer DCP

(P.M.)/ Security concluded the Departmental Enquiry and

submitted the “findings” on 11.02.2004 holding the charges

fully substantiated and proved against 11 team members/co-

accused of Departmental Enquiry including ASI Shri Sahansar

Pal. Penalty order against all the service delinquent officials

was issued by Disciplinary Authority in Delhi Police, however,

ASI Shri Sahansar Pal had retired on 30.06.2002, hence

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proceedings against him deemed to have been continued under

Rule 9 of the CCS (Pension) Rules, 1972.”

5.

Subsequently, after following the due procedure, the case was

referred to the UPSC for their advice. The UPSC, after considering

the case in detail, advised for withholding of 10% of monthly

pension permanently to Shri Sahansar Pal, the applicant and to

release his gratuity, if not required otherwise. A copy of advice of

UPSC was given to the applicant affording him final opportunity

and his representation was duly considered. After considering the

evidence on record and facts and circumstances of the case, the

said penalty was imposed upon him.

6.

The applicant has contended that the respondents have not

acted in a just, fair and reasonable manner as allegations and

charge