P.ALAGARSAMY Vs. INSPECTOR GENERAL

JUDGEMENT

(1.) The petitioner has filed this writ petition seeking issuance of Writ of Certiorarified Mandamus to call for the records from the first respondent relating to his order dated 28.03.2012 confirming the orders of respondents 2 and 3 dated 03.02.2012 and 21.11.2011 respectively and to quash the same and to consequentially direct the respondents to give all attendant benefits till the date the petitioner attained the superannuation and admissible pension and gratuity benefits.

(2.) The case of the petitioner is that the petitioner joined as constable in the Central Industrial Security Force (CISF) on 15.02.1972 and promoted as Sub-Inspector. The petitioner was transferred and posted at Chennai Port Trust, Chennai during August, 2007. When the petitioner was on duty on 20.07.2011 in 'B' shift as Shift - in - charge, surprise check was conducted by vigilance team at gate no.1 and by another vigilance team at gate no.2.

(3.) It is the further case of the petitioner that during the surprise check, the Head Constable had a sum of Rs.400/- in his money purse and six numbers of Saudi Arabian made Lux soaps were recovered from the hand bag of AS1. Based on the surprise check, the petitioner was placed under suspension. The petitioner submitted his explanation to the third respondent. The third respondent being not satisfied with the petitioner's explanation proposed to hold departmental enquiry and appointed Enquiry Officer. The Enquiry Officer conducted enquiry and submitted report to the third respondent holding all the charges proved. After affording opportunity to the petitioner by providing the copy of the enquiry report and being not satisfied with the further explanation offered by the petitioner, the third respondent awarded the punishment of compulsory retirement from service with immediate effect with 85% pension and gratuity benefits admissible.