THE HON'BLE SMT JUSTICE T.MEENA KUMARI & THE HON'BLE SRI JUSTICE GOPALA KRISHNA TAMADA WRIT PETITION NO : 20002 of 2000 Dated: 16.7.2010 Between: R.R. Kumar. ..... PETITIONER AND 1 The Commandant, Central Industrial Security Force Unit, Hyderabad and others. .....RESPONDENTS The Court made the following : THE HON'BLE SMT JUSTICE T.MEENA KUMARI & THE HON'BLE SRI JUSTICE GOPALA KRISHNA TAMADA WRIT PETITION NO : 20002 of 2000 ORDER: (Per Hon’ble Smt. Justice T. Meena Kumari) This writ petition is filed seeking writ of mandamus to declare the action of the 1st respondent in imposing punishment of reducing the pay scale by two stages from Rs.3,200/- to Rs.3050/- in pay scale of Rs.3050-75-3950-80-4590+ SP of Rs.30/- for a period of two years with cumulative effect, and the confirmation order in proceedings No.V-11014/2/DAE/ADM.I/99/1829, dated 1.6.1999 of the 2nd respondent, which was further confirmed by the 3rd respondent vide proceedings No.V-11014/36/99-L&R/Pers.I/MHA-4445, dated 28.12.1999 as illegal and arbitrary and violative of Articles 14 and 16 of the Constitution of India and consequently, direct the respondents to pay all the arrears of salary by fixing the pay as usual by taking into account due increments and pass such other orders. The brief facts of the case are follows: The petitioner was appointed as Constable on 16.12.1982 and was promoted as Lasnce Naik in the month of November, 1996 and that as he was suffering from head-ache and other connected illness, he went to Unit Dry Canteen on 24.7.1998 at about 11.20 in order to purchase Jaam Bottle. One M.L. Rai, who was on duty, had given Kissan Brand Jaam bottle and K. Mohan Kumar was performing the duties of cashier. The petitioner requested them to give Kissan Brand bottle on which one scale was given as free. But Mohan Kumar started saying that once bottle was given, they will not take back. It appears, Mohan Kumar had given a report to the Commandant, who had issued a charge memo, without enquiring into the incident. The 1st respondent had passed final order vide proceedings No.V- 15012/CISF/NFC/ADM.IV/MAJ/98-705, dated 10.11.1998 imposing the punishment by reducing two stages from 3200/- to Rs.3050/- in the time scale of Rs.3050-75-3950-30-4590 + SP Rs.30/- with cumulative effect. The appeal and the revision preferred by the petitioner against the orders of the 1st respondent, were dismissed. Hence, the present writ petition has been filed. Heard the learned Counsel and perused the material available on record. The charges against the petitioner are as follows: “Gross indiscipline and misconduct in that CISF No.822312277 L/Naik, R.R.Kumar of Pratap Coy, CISF Unit NFC Hyderabad was indulged in hot altercation and misbehavior with CISF No.723280738 HC/GD K. Mohan Kumar, who is performing duty in the Unit dry canteen as a cashier on 24.7.1998 at about 11.20 hours and attempted to destroy the canteen property (i.e., Billing Machine) throwing Kisan Brand Jaam Bottle on it. Hence the charge. On going through the previous records of service in respect of CISF No.822312277 L/NK R.R. Kumar of CISF Unit, NFC, Hyderabad, it is observed that during his 15 years (approx.) service in CISF he was dealt with U/R –34 of CISF Rules 1969 for one time and U/R –35 of CISF Rules, 1969 for five times for his various indisciplined activities and awarded penalties to proven charges. He failed to improve upon himself inspite of various opportunities rendered to him, and thereby proving himself to be a habitual offender and incorrigible. Hence the charge.” The material on record goes to show that the petitioner submitted his explanation accepting his guilt and requesting to pardon him. Further it reveals that previously, the petitioner was dealt with six times U/R-34 and 35 of CISF Rules 1969 and awarded penalties. But he did not mend his conduct. The frequent events of this nature, lead to draw an inference against his attitude. In this background of the matter, we have no hesitation to hold that proceedings impugned herein need no interference by this Court. Accordingly, this writ petition is dismissed. No order as to costs. __________________________ Justice T. Meena Kumari ____________________________ Justice Gopala Krishna Tamada Date: 16.7.2010 nn. THE HON'BLE SMT JUSTICE T.MEENA KUMARI & THE HON'BLE SRI JUSTICE GOPALA KRISHNA TAMADA WRIT PETITION NO :20002 of 2000 (Order delivered by the Hon’ble Smt. Justice T. Meena Kumari) 16/07/2010