MURUGESAN Vs. COMMISSIONER CENTRAL INDUSTRIAL SECURITY

JUDGEMENT

(1.) THE Writ petition is filed, seeking certiorarified mandamus, to call for the records relating to the final order NO. V-15014/ad. III/vm/maj-05/097/98/59, dated 12. 01. 1998 and the consequent Unit service order Part-II No. 286/2004 in No. E-22013/adm-TV/shar/2004, dated 16. 09. 2004 passed by the second respondent, and quash the same and also for directing the second respondent, to fix the pay by granting all annual increments in the post of Head Constable (GD) and promote him as Assistant Sub Inspector according to his seniority with all benefits from 1997-2002 as per the order of this Hon'ble Court, dated 14. 07. 2004, made in W. P. No. 17468 of 2003.

(2.) THE petitioner who was serving as Head Constable in the Central Industrial Security Force Unit (Herein referred to as CISF) at Madras Port Trust was issued with a charge memo, on 01. 07. 1996, under Rule 34 of the unamended rule of CISF. The following article of charges were framed against him. Article of Charge-I : "cisf No. 723280473 Head Constable (GD) V. Murugesan of CISF Unit, MPT, Madras is charged with gross indiscipline and negligence of duty. Head Constable / GD V. Murugesan was detailed for A shift duty on 20. 05. 1996 at JD-7 duty post of MPT. After completion of said duty at 1300 hrs on 20. 05. 1996, there was no need for him to enter the Madras Harbour again, but it is reported that HC/gd V. Murugesan was found roaming at Gate No. 1 (Out Gate) of Madras Harbour at about 0130 hours on 21. 05. 1996. Thus, HC/gd V. Murugesan unauthorisedly entered the premises of Madras Harbour during odd hours on 21. 05. 1996 and found roaming at Gate No. 1 (Out Gate) of MPT, Madras, Entering the protected place on his own unauthorisedly and roaming at Gate No. 01 (Out Gate) are amounting to gross indiscipline and negligence of duty. Article of Charge-II : "cisf No. 723280473 Head Constable / GD V. Murugesan of CISF Unit, MPT Madras is charged with neglect of duty and for having connivance with bad element. At about 0200 hrs on 21. 05. 1996 a vehicle bearing Registration No. TMO-2520 loaded with 20 feet container No. TEXU 3846780 sped away from Madras Port Trust premises unauthorisedly by producing fake vehicle ticket. HC/gd V. Murugesan who was not on duty at that time, but roaming at out of Gate-I of MPT was also accompanied the bad elements in the vehicle Regn. No. TMO 2520 at about 0200 hrs on 21. 05. 1996. Being a member of CISF HC/gd V. Murugesan was supposed to safeguard the property of the MPT. But he failed in his bound on duty and connived with the bad elements.

(3.) IT is seen that the petitioner herein had earlier filed a writ petition in W. P. No. 11495 of 1996, seeking certiorarified mandamus, forbearing the respondents from proceeding with the departmental enquiry, pursuant to the memo, dated 22. 07. 1996, issued on the petitioner, till the final disposal of the connected criminal proceedings, pending on the file of the XVI Metropolitan Magistrate, George Town, Chennai and the petitioner had also obtained interim stay. As the petitioner was subsequently acquitted by the criminal court, by its Judgment, dated 31. 01. 1998, the said writ petition was dismissed as infructuous. The first respondent, then ordered Departmental enquiry for the alleged offence, for which he was acquitted and the enquiry officer, who conducted the enquiry, gave a finding in his report, that the Article of Charge-I was proved and Article of Charge-II was not proved.