GAHC010094842022 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

Case No. : WP(C)/3472/2022 GOUTAM KUMAR MANDAL S/O LATE SITARAM MANDAL, CISF NO. 032300178, INSPECTOR/EXECUTIVE, INDUSTRIAL SECTOR, CISF UNIT, OIL DULIAJAN, DIST- DIBRUGARH, ASSAM, PERMANENT ADD- VILL AND P.O.-

PIRARGORIA, P.S.-MANBAZAR, DIST- PURULIA, WEST BENGAL, PIN-

723131 VERSUS THE UNION OF INDIA AND 4 ORS REPRESENTED BY SECRETARY TO THE GOVT. OF INDIA, MINISTRY OF HOME AFFAIRS, NEW DELHI

2:DEPUTY INSPECTOR GENERAL CENTRAL INDUSTRIAL SECURITY FORCE NORTH EASTERN ZONE HEADQUARTER HOCKEY STADIUM ROAD NEAR A.G. COLONY BEHARBARI GUWAHATI

3:THE SENIOR COMMANDANT CENTRAL INDUSTRIAL SECURITY FORCE UNIT OIL DULIAJAN DIST-DIBRUGARH ASSAM

4:THE ASSISTANT COMMANDANT/EXECUTIVE CENTRAL INDUSTRIAL SECURITY FORCE UNIT OIL DULIAJAN DIST-DIBRUGARH ASSAM

5:THE DEPUTY COMMANDANT CENTRLA INDUSTIRAL SECURITY FORCE UNIT OIL DULIAJAN DIST-DIBRUGARH ASSAM PIN-78660 Advocate for the Petitioner : MR. S K ROY, MD K RAHMAN Advocate for the Respondent : ASSTT.S.G.I., MR. R K D CHOUDHURY (DEPUTY SOLICITOR GENERAL OF INDIA)

BEFORE HONOURABLE MR. JUSTICE SOUMITRA SAIKIA For the Petitioner: Md. K. Rahman, Advocate For the Respondents: Mr. R.K.D. Choudhury, DSGI Date of Hearing & Judgment: 15.07.2025

Judgment and Order(Oral)

Heard Md. K. Rahman, learned counsel for the petitioner. Also heard Mr.

R.K.D. Choudhury, learned DSGI for the respondents.

2. This writ petition is filed by the petitioner putting to challenge the disciplinary proceedings initiated against the petitioner. The order dated 20.08.2021, passed by the Assistant Commandant/Executive of the CISF Unit, Oil India Limited, Duliajan whereby the punishment of “Reduction of pay by one (1) stage from Rs.60400/- to Rs.58600/- in the time scale of pay as per matrix level-07 for a period of two (02) years. During the period of reduction he will earn increments of pay and that on expiry the reduction will not have the effect to postponing his future increments of pay”. The petitioner also challenges the order dated 02.11.2021 passed by the Appellate Authority affirming the order passed by the Disciplinary Authority as also the order dated 31.03.2022 passed in the Revision Petition by the Deputy Inspector General, CISF, North Eastern Zone, Guwahati.

3. The essential facts shown on how unnecessary details are that the petitioner is employed under the Central Industrial Security Force (CISF) and is serving in the rank of Inspector in the Executive Wing, under CISF vide CISF number 032300178. The petitioner is posted in the Oil India installations in Duliajan. On 18.06.2021, the wife of the petitioner who was deployed in duty general shift at Civil Maintenance as a CISF personnel was dropped off from her duty place to her residence by a private vehicle belonging to a civil contractor. Prior to the wife of the petitioner getting dropped off, she called up the petitioner and intimated him about that.

4. The petitioner thereafter lodged the complaint against one of his colleagues, Inspector/Exe Tulsi Gogoi vide the complaint dated 02.07.2021 alleging that the said CISF personnel namely Tulsi Gogoi uttered some obscene words which indicated his evil thoughts and attempted to insult the modesty, reputation, dignity of his wife. He therefore requested the Senior Commandant to take suitable step or action against the said Sri Tulsi Gogoi. The petitioner also attached the call details of the conversation between the petitioner, the said Sri Tulsi Gogoi, one Hemanta Bora, namely the contractor whose vehicle had dropped off the wife of the petitioner and a voice record between the said CISF personnel, namely Inspector Tulsi Gogoi and Hemanta Bora, as well as the statement of Hemanta Bora.

5. Pursuant to this complaint, a preliminary enquiry was conducted and the Authority which conducted the preliminary enquiry namely the Deputy Commandant concluded upon careful examination of the materials that the complaint filed