A RAMAMURTHY Vs. COMMANDANT CENTRAL INDUSTRIAL SECURITY FORCE

JUDGEMENT

(1.) AGGRIEVED by the orders of the respondents dated 04.03.1998 and 11.09.1998, the petitioner has filed the above writ petition to quash the same and direct the respondents to pay backwages for the period from 27.05.1985 to 09.02.1998.

(2.) THE petitioner A. Ramamurthi, while serving as Cook in Central Industrial Security Force Unit, (for short "CISF") SHAR Centre, was dealt with under Rule 34 of CISF rules, 1969 on the following charges. "Charge-I: Grave indiscipline and gross misconduct in that, he behaved in an unbecoming manner by refusing to accept the official communication, when served and assembled at main gate-I on 18.11.79 at about 1030 hrs.and created an ugly scene and disturbance. Charge-II: Grave indiscipline and misconduct in that he, while under suspension unauthorisedly overstayed the permission granted to him from 10.8.83 to 23.3.84, which could not be fully covered by the Medical Certificate and reported late to the Unit on 24.7.84, when he was declared fit w.e.f.23.7.84. Charge-III Grave indiscipline and misconduct in that he, failed to attend the Medical Board at 1000 hrs on 26.3.84 as directed and reported only on 28.3.84 when advised by the Supdt.I/C for institutionalisation and treatment for 'Alcoholic Psychosis', he refused to get himself institutionalised in Govt.Royapettah Hospital, Madras-14. Charge-IV: Grave indiscipline and misconduct in that he, while under suspension, left the Unit Hqrs.from 2200 hrs on 30.9.84 and returned back at about 2030 hrs on 02.10.84, without leave or permission".

(3.) WE have considered the relevant materials and rival contentions. WE have already extracted the charges levelled against the petitioner in the earlier part of our Order. It is not in dispute that the Division Bench, in their judgment dated 16.09.1997, remitted the matter only with regard to passing of appropriate penalty. In para 4 of the Order, the Division Bench has observed as follows: