RENU S. KUMAR Vs. UNION OF INDIA

JUDGEMENT

(1.) BY an order dated 26.07.2012, the petitioner was levied the penalty of removal from service under Sub Rule (22) (ii) of Rule 36 read with Rule 34 and Schedule - 1 of CISF Rules - 2001 and Clause -2 (12) (xiii) of CISF (Amendment) Rules, 2003. Her appeal against the punishment was rejected on 31.12.2012. Even her Revision Petition against the levy of punishment and the order -in -appeal was dismissed on 31.05.2013. Aggrieved by the aforesaid orders resulting in her removal from service, the petitioner has sought under Article 226 of the Constitution of India, quashing of the three orders by a Writ of Certiorari and a Writ of Mandamus directing the respondent to reinstate the petitioner in service with all consequential benefits.

(2.) THE case relates to an incident of 10th April 2012, when the petitioner was detailed in 'A' shift duty from 0500 hours to 1300 hours at domestic SHA X -BIS -4 of RGI Airport, Hyderabad. Her duty was to carry out "physical -baggage -checking" of passengers travelling to various destinations from Hyderabad Airport, her colleague Sub Inspector Suman Punia was assigned the duty at X -BIS (hand -baggage scanner machine) operation. It is stated that in the course of her duty, at 0955 hours, SI Punia signaled to the petitioner to check two handbags as she suspected the presence of some eatables, paper cutter and a coil of thin rope in the bag as neither of these items are allowed in the aircraft as cabin luggage.

(3.) WHILE putting the prohibited items back into her bag, the lady passenger levelled allegations that her two gold rings and one earring were missing from her bag and she started imputing the petitioner of pilferage. On alarm being raised, SI Suman Punia and the petitioner were taken to the Asstt. Commandants room which was about 12 -15 meters away from the X -BIS machine for frisking by Ms. Shanthi Komari, Sr. Assistant GHIAL. Amongst them, the petitioner was first to be frisked by Ms. Shanthi Komari and while the petitioner was being frisked, the lady passenger and SI Suman Punia kept waiting on the sofa near the cabin in the Assistant Commandants room. It is stated that after frisking the petitioner thoroughly and finding nothing on her person, Ms. Shanthi Komari came outside the cabin and she noticed the missing gold items on the floor, which upon being asked was recognized and claimed by the lady passenger to be her missing jewellery items. Thereafter, Ms. Shanthi Komari reported to the Commandant that she thoroughly frisked both of them whereas in fact, only the petitioner has been frisked and nothing was found on her person. It is stated that subsequently, during enquiry Ms. Shanthi Komari changed her statement and falsely stated that the missing gold items were found lying on the floor of the cabin.