LAKSHMANAN Vs. UNION OF INDIA

JUDGEMENT

(1.) This writ appeal arises from the judgment of a learned single Judge of this Court in W.P.(C)No.28322/2015.

(2.) The brief facts are that the Appellant while working as a Constable in the Central Industrial Security Force at the New Mangalore Port Trust was subjected to disciplinary action. The allegation upon which he was proceeded with is that he was found to be in possession of cash (Rs.1573/-) which was more than the amount declared by him at the time of joining duty on that day and this was also in violation of the unit 's standing instructions whereby duty personnel are not allowed to keep more than Rs.10 during duty hours. Though the Appellant offered some explanations for possession of cash, a formal enquiry was conducted and the Enquiry Officer found the Appellant guilty. Ext.P14 order dated 22.10.2009 was passed by the disciplinary authority agreeing with the findings of the Enquiry Officer and imposing on the Appellant the punishment of compulsory retirement from service with full pension and gratuity. The period of suspension from 30.5.2009 to 3.9.2009 was to be treated as a suspension for all purposes and payment for that period was to be limited to the subsistence allowance already paid. Ext.P14 order was passed by the Group Commandant, CISF Group Head Quarters, Cochin. An appeal filed by the Appellant was rejected by the Deputy Inspector General of the Central Industrial Security Force having his office at Besant Nagar, Chennai. The Appellant approached this Court by filing W.P.(C)No.12035/2010 which was disposed of relegating the Appellant to the remedy of revision before the Director- General of the CISF. On the revision petition preferred by the Appellant, Ext.P19 order was passed by the Director-General of CISF. The operative portion of Ext.P19 order reads thus:-

(3.) We have heard Ms Soumini James, learned counsel appearing for the appellant and Smt. O.M. Shalina the learned Central Government Counsel for the respondents.