KARAYI GOPALAN Vs. UNION OF INDIA

JUDGEMENT

(1.) The 'penalty in disguise' inflicted upon the petitioner by way of 25% cut in pension invoking R.9 of CCS ( Pension) Rules, 1972 in respect of the alleged supervisory lapse, is the subject matter of this writ petition.

(2.) The case of the petitioner is that he commenced service as a Security Guard in the CISF (Central Industrial Security Force) as early as in the year 1973. After rendering unblemished service of 35 years, he was promoted to the post of Assistant Sub Inspector in the year 2006 and he retired from the service on 31/05/2008 on attaining the age of 60 years.

(3.) The instance which forms the basis for the impugned action occurred in the New Mangalore Port Trust, where the petitioner was working at the relevant time, under the third respondent. About three weeks prior to the date of retirement of the petitioner, there was a surprise inspection of the premises by the 6th respondent, particularly at one gate, where the petitioner was discharging his duty. The petitioner was having supervisory control over the Guards posted at the gate. In the course of inspection, the 6th respondent recovered a sum of Rs.4,144/- from the trolley mirror near the gate, which was being guarded by two persons by name, Malle Gowda and D. Viswanath, who were served with charge - sheet. The petitioner was also served with a charge - sheet alleging 'supervisory lapse' on his part. There was no insinuation against the petitioner as to the recovery of money as aforesaid, which was sought to be attributed only against the security guards named above.