IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC FRIDAY, THE 6TH AUGUST 2010 / 15TH SRAVANA 1932 WP(C).No. 23584 of 2010(W) -------------------------- PETITIONER(S): --------------- NO.994120014 SI/EXE., V.RAVIKUMAR, B COY, CISF UNIT ASG, THIRUVANANTHAPURAM AIRPORT-695 008. BY ADV. SRI.G.SASIDHARAN CHEMPAZHANTHIYIL SRI.S.VISHNU RESPONDENT(S): --------------- 1. THE DEPUTY COMMANDANT, AIRPORT SECURITY UNIT, CENTRAL INDUSTRIAL SECCURITY FORCE, THIRUVANANTHAPURAM AIRPORT-695 008. 2. THE SENIOR COMMANDANT, AIRPORT SECURITY UNIT, CENTRAL INDUSTRIAL SECCURITY FORCE, THIRUVANANTHAPURAM AIRPORT-695 008. 3. THE DEPUTY INSPECTOR GENERAL /AP-SZ, CENTRAL INDUSTRIAL SECURITY FORCE, 2ND FLOOR, D BLOCK, RAJAJI BHAVAN, BASANT NAGAR, CHENNAI-600 090. 4. THE DIRECTOR GENERAL, CENTRAL INDUSTRIAL SECURITY FORCE, LODHI ROAD, NEW DELHI-1. ADV. SRI.T.P.M.IBRAHIM KHAN,ASST.S.G OF INDIA FOR R1-4 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 06/08/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. ------------------------- W.P.(C.) No.23584 of 2010 (W) --------------------------------- Dated, this the 6th day of August, 2010 J U D G M E N T Petitioner is working as a Sub Inspector in the CISF. According to him, for the misconduct of overdrawal of leave, disciplinary proceedings were initiated against him and charge sheet was issued. Proceedings were finalised by imposing a minor penalty of censure. Appeal filed by the petitioner against the said order of punishment was rejected. Thereafter, the petitioner filed a revision under Rule 54 of the Central Industrial Security Force Rules, 2001. The revisional authority passed Ext.P10 order dated 17/03/2010 enhancing the penalty to reduction of pay of the petitioner by one stage from Rs.14,270/- to Rs.13,730/- for a period of two years. It is this order which is under challenge. It is also the case of the petitioner that consequent upon the enhancement of punishment, he is now deprived of the chances of promotion as well. 2. When the case came up for admission, noticing the fact that the penalty imposed on the petitioner was enhanced without WP(C) No.23584/2010 -2- putting the petitioner on notice, this Court directed the Assistant Solicitor General, who appeared on behalf of the respondents, to obtain instructions in the matter. Accordingly, the learned Assistant Solicitor General has obtained instructions and submits that under Rule 54 of the CISF Rules, 2001, the revisional authority is competent even to enhance the penalty imposed and that since such an order was passed on a revision filed by the delinquent, notice or hearing was not provided for in the Rules. 3. Having considered the submission of the learned Assistant Solicitor General, I am not persuaded to agree with him. This is primarily for the reason that the proviso to the Rule itself provides that an order enhancing any penalty shall not be made by any revisional authority, unless the Government Servant concerned has been given a reasonable opportunity to make his representation against the proposal to enhance the penalty. Even otherwise, such a notice or an opportunity to make representation to a delinquent is a requirement of natural justice. Therefore, Ext.P10 order enhancing penalty on the petitioner without putting the petitioner on notice or allowing him to make representation cannot be sustained and is WP(C) No.23584/2010 -3- accordingly quashed. 4. The 3rd respondent, the revisional authority, is directed to reconsider Ext.P9 revision filed by the petitioner and pass fresh orders in the matter. It is made clear that in case, the 3rd respondent feels that the penalty deserves to be enhanced, the petitioner shall be given notice and an opportunity to make his representation in the matter. Now that this Court has directed reconsideration of the matter, it is clarified that the claim of the petitioner for further promotion is left open to be agitated in appropriate proceedings. This writ petition is disposed of as above. (ANTONY DOMINIC, JUDGE) jg