The Commandant, vs P.V.Anjaneyulu,
2022 Latest Caselaw 941 Tel

Citation : 2022 Latest Caselaw 941 Tel
Judgement Date : 28 February, 2022

Telangana High Court

The Commandant, vs P.V.Anjaneyulu, on 28 February, 2022

Bench: Satish Chandra Sharma, Abhinand Kumar Shavili

 THE HON'BLE THE CHIEF JUSTICE SATISH CHANDRA SHARMA
                                           AND
      THE HON'BLE SRI JUSTICE ABHINAND KUMAR SHAVILI

                     WRIT APPEAL No.1081 OF 2005

JUDGMENT: (Per the Hon'ble the Chief Justice Satish Chandra Sharma)

        The present writ appeal is arising out of the order dated

11.11.2004          passed        by     the      learned       Single      Judge   in

W.P.No.20826 of 2004.

        The undisputed facts of the case reveal that the

respondent/writ petitioner, at the relevant point of time, was

serving as a Constable in the Central Industrial Security Force

(CISF) and a charge sheet was issued on 06.05.1997 alleging

misconduct on account of his absence for 106 days. He did

submit a reply stating that he was suffering from Hepatitis, he

was arrested for an offence punishable under Section 498-A of

IPC based upon a complaint preferred by her sister-in-law and

therefore, for reasons beyond his control, he was not able to

report back to duty. After holding a departmental enquiry, an

order dated 04.10.1997 was passed by reducing the pay of the

respondent/writ petitioner by three stages from Rs.960/- to

Rs.900/- in the time scale for a period of two years with

cumulative effect, against which an appeal was preferred and

finally, the appeal was also dismissed on 28.08.2004.

Challenging the same, the writ petition was preferred before the

learned Single Judge. The learned Single Judge, after

scrutinizing the entire record, has not interfered with the

departmental enquiry, however has modified the punishment of

reduction in pay by three stages from Rs.960/- to Rs.900/- in

the time scale of the respondent/writ petitioner for a period of

two years with cumulative effect to that of without cumulative

effect.

Learned counsel appearing for the Union of India has

vehemently argued before this Court that Fundamental Rules

applicable to Central Government employees are applicable in

the present case and as per Fundamental Rule 29(1), the

competent disciplinary authority does have the power to inflict

the punishment of reduction to lower stage in the pay scale with

or without cumulative effect. She has stated that as per Rule

70 of the Central Industrial Security Force Rules, in case the

Central Industrial Security Force Act, 1968 (for short "the Act")

and the Rules framed thereunder are silent, the provisions of

Fundamental Rules are applicable.

This Court has carefully gone through the Act and the

Rules framed thereunder. Section 8 of the Act reads as under:-

"8. Dismissal, removal etc. of enrolled members of the Force:- Subject to the provisions of article 311 of the Constitution and to such rules as the Central Government may make under this Act, any supervisory officer may -

(i) dismiss, remove, order for compulsory retirement of or reduce in rank any enrolled member of the Force whom he thinks remiss or negligent in the discharge of his duty, or unfit for the same; or

(ii) award any one or more of the following punishments to any enrolled member of the Force who discharges his duty in a careless or negligent manner, or who by any act of his own renders himself unfit for the discharge thereof, namely :-