V. JAGANATHAN Vs. UNION OF INDIA

JUDGEMENT

(1.) This writ appeal is directed against the order dated 30.11.2018 in W.P. No.20600 of 2013. The said writ petition was filed by the Appellant herein to challenge the order dated 01.07.2013 of the third Respondent, confirming the order dated 18.04.2013 of the fourth Respondent, which, in turn, confirmed the order of compulsory retirement with full pension and gratuity benefits dated 17.12.2012 of the fifth Respondent.

(2.) The Appellant joined the services of the Central Industrial Security Force (CISF) on 16.09.1989. While serving at the CISF Unit at Chennai Port Trust, a charge memorandum was issued to him. The said charge memorandum dated 09.09.2012 stipulated three Articles of Charges. The first charge related to being in possession of unaccounted money while being deployed in the 'B' shift duty from 13.00 hours to 21.00 hours on 03.09.2012. The second charge related to his refusal to comply with the instruction to remove his shoes and the act of swallowing the currency note after taking it out from his socks. The third charge related to the continued acts of misconduct and indiscipline in spite of being charge sheeted and penalised on three previous occasions for having over stayed, found sleeping on duty and misbehaving with his senior. Upon receipt of the charge memorandum, the Appellant submitted a reply dated 17.09.2012.

(3.) Based on the aforesaid charges, an enquiry was instituted. At the said enquiry, five witnesses, PW-1 to PW-5, were examined on behalf of the employer and each of these witnesses were cross-examined by the Appellant. In addition to oral evidence, documentary evidence was adduced through PW1, 2 and 5. The Appellant did not produce witnesses or documentary evidence but filed a defence statement on 22.10.2012. Upon consideration of the aforesaid, the Enquiry Officer presented his report on 26.11.2012. After considering the explanation of the Appellant, the Disciplinary Authority passed orders on 17.12.2012. The Disciplinary Authority also took into consideration the prior punishments that had been imposed on the Appellant, in respect of which oral and documentary evidence was adduced through PW-5. On that basis, by the order dated 17.12.2012, the Appellant was awarded the punishment of compulsory retirement from service with full pension and gratuity benefits. This order was carried in appeal before the fourth Respondent. By the order dated 18.04.2013, the fourth Respondent confirmed the order of the fifth Respondent. In particular, the fourth Respondent recorded that the corroborative statements of all the eye-witnesses, namely, PW 1, 2 and 3 reveal that the Appellant swallowed the currency note and that the same establishes his mala fide intention to destroy the evidence and also puts his integrity in question. The appellate authority also recorded that the Appellant had been provided due opportunity to defend his case and had availed such opportunity. On that basis, the appellate authority refused to interfere with the order passed by the Disciplinary Authority.