SPECIAL DIRECTOR GENERAL, AIRPORT SECTOR, CENTRAL INDUSTRIAL SECURITY FORCE Vs. RAJESH K R, S/O RAMAKRISHNAN

JUDGEMENT

(1.) The respondents in WP(C) No.31132/2012, Central Industrial Security Force (CISF), Department Officers and the Union of India, aggrieved by the impugned judgment of the learned Single Judge dated 26.5.2015 are in appeal before us.

(2.) The respondent-writ petitioner was a Constable in the CISF Unit, Thiruvananthapuram. He was subjected to disciplinary enquiry by the Department under four heads of charges. The third appellant-disciplinary authority imposed punishment of compulsory retirement from service vide Ext.P1 order. The appeal before the second respondent (third appellant) and the revision before the first respondent (first appellant) too failed vide Exts.P2 and P3 orders.

(3.) The respondent/writ petitioner challenged the concurrent findings in Exts. P1 to P3 orders in the Writ before the learned Single Judge, and accepting his contention that he was not given notice and heard on the proposed penalty to be imposed upon him, held that as a serious flaw. The Writ Petition was allowed and Exts.P1 to P3 were quashed. The learned Single Judge remitted the matter back to the respondents therein for fresh consideration from the stage at which the respondents have received Ext.P9 representation from the writ petitioner and directed the appellants to issue notice proposing the punishment proportionate to the alleged misconduct and to afford the writ petitioner an opportunity of being heard on the proposed punishment, and to take further action within a period of three months.