Delhi High Court
R C S Panwar vs Union Of India And Ors on 16 September, 2021
$~47
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 10339/2021 & CM APPL. 31833-31834/2021
R C S PANWAR ..... Petitioner
Through Mr. Nikhil Bhardwaj, Adv.
versus
UNION OF INDIA AND ORS ..... Respondents
Through Mr. PS Singh, Adv.
% Date of Decision: 16th September, 2021
CORAM:
HON'BLE MR. JUSTICE MANMOHAN
HON'BLE MR. JUSTICE NAVIN CHAWLA
MANMOHAN, J. (Oral)
The hearing has been done by way of video conferencing.
1. Present writ petition has been filed challenging the order dated
09th June 2021 vide which penalty of "reduction to one stage lower in
the time scale of pay for a period of one year without cumulative
effect and not adversely affecting his pension" was imposed upon the
petitioner. Petitioner also seeks a direction to the Respondents to grant
'Senior Time Scale' along with interest @ 8% from the date the
Petitioner becomes eligible.
Signature Not Verified
Digitally Signed
Signing Date:18.09.2021
20:03:16
2. Learned counsel for the Petitioner states that vide chargesheet
dated 18th August 2019, the Respondents initiated minor penalty
proceedings against the Petitioner inter alia on the charge that the
Petitioner while functioning as Assistant Commandant (Min) in the
office of DIG (Ops) CRPF Dantewada (Chhattisgarh) committed a
serious act of misconduct by circulating an audio clip of personal
audience of DG, CRPF in social media through Whatsapp and the said
audio clip had become viral on social media.
3. He states that subsequently, the Petitioner filed his reply
clarifying that he had shared the audio clips with a bonafide intention
of helping his colleagues/force personnel by raising issues of general
welfare and public interest.
4. Learned counsel for the petitioner states that on 03rd November
2018, the Preliminary Enquiry Officer concluded his investigation
holding that the Petitioner is not guilty of misconduct. He points out
that on 09th February 2019, the DIG CRPF also recommended a
lenient view to be taken in the Petitioner's case and thereafter, the
matter was sent to the UPSC for its advice. He states that on 29th
January 2021, the UPSC recommended that the penalty of "reduction
to one stage lower in the time scale of pay for a period of one year
without cumulative effect and not adversely affecting his pension" be
imposed upon the petitioner.
5. He emphasises that on 10th February 2021, the Petitioner
became entitled for grant of Senior Time Scale but because of the
impugned penalty order, he has not been granted the same.
Signature Not Verified
Digitally Signed
Signing Date:18.09.2021
20:03:16
6. Having heard learned counsel for the petitioner, this Court is of
the view that recording an official conversation with the DG BSF and
that too without his consent is a misdemeanor which cannot be
condoned lightly. Admittedly, the recording was done on the 'sly'.
The petitioner conduct to say the least was not appropriate.
7. In any event, this Court is concerned with the decision making
process and not the decision. In the present case we find that the
petitioner had been given adequate opportunity and the matter had
been discussed threadbare at different levels both in the CRPF as well
as with the UPSC.
8. Consequently, this Court finds no reason to interfere with the
impugned decision. Accordingly, the present writ petition along with
pending applications is dismissed.
9. The order be uploaded on the website forthwith. Copy of the
order be also forwarded to the learned counsel through e-mail.
MANMOHAN, J
NAVIN CHAWLA, J
SEPTEMBER 16, 2021
AS
Signature Not Verified
Digitally Signed
Signing Date:18.09.2021
20:03:16
